Employee Misclassification

Employers have a great deal of control over employees. Independent contractors have much more leeway in their work and are responsible for their own tax reporting and related issues.

Employers go to great lengths to classify, sometimes improperly, workers as independent contractors, because doing so shields companies from tax-related requirements and liability for workers’ actions. Specific provisions in Texas law determine whether a worker should be an employee or an independent contractor, so an employer’s assertion that you are an independent contractor is not determinative.

What Do Exempt And Nonexempt Mean?

Exempt employees are not eligible to receive overtime pay. Nonexempt employees receive their normal hourly pay and must be paid at least 1½ times their hourly rate for each hour of overtime they work. Unfortunately, it is all too common for employers to treat nonexempt employees as though they are exempt in an effort to protect the company’s bottom line. A skilled lawyer can help you secure the payment you deserve.

Does A Job Title Or Job Description Automatically Make Me Exempt?

No. Many employers create job titles and job descriptions in ways that do not accurately reflect the true nature of the work. Whether you should be considered an exempt or nonexempt employee is determined by what work you are actually expected to do, not just what your job title or job description says.

A Trusted Resource For Employees’ Rights Matters

At the Law Offices of Kell A. Simon, I help employees across the state assert their rights in matters of unpaid overtime and other issues that result from misclassification. My clients deserve personal attention and the advice of an attorney who has been resolving these cases for over 20 years.

Call my firm at 512-898-9019, or email me to arrange a free case review. I maintain offices in Austin, Houston and Dallas for my clients’ convenience.