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Overtime & Misclassification Lawyers in Los Angeles
Employers frequently cheat workers out of overtime pay by misclassifying them as exempt employees or independent contractors. Our attorneys fight to recover unpaid overtime and hold employers accountable for illegal misclassification under California law.
Schedule a free consultation today to discuss your overtime or misclassification case with a trusted Los Angeles attorney.
What Are Overtime and Misclassification Violations?
Overtime violations and employee misclassification are among the most pervasive forms of wage theft in California, costing workers billions of dollars in unpaid wages each year. Employers misclassify workers to avoid paying overtime, benefits, payroll taxes, and workers’ compensation — shifting the costs onto employees and taxpayers.
California law requires employers to pay non-exempt employees overtime at 1.5 times their regular rate for hours over 8 per day or 40 per week, and double time for hours over 12 per day. Employers frequently evade these requirements by misclassifying non-exempt workers as ‘exempt’ salaried employees — even when they do not meet the strict duties and salary tests required for exemption.
Independent contractor misclassification is equally problematic. Under California’s ABC test (codified in AB 5), a worker is presumed to be an employee unless the employer can prove all three prongs: (A) the worker is free from control and direction, (B) the worker performs work outside the usual course of the business, and (C) the worker is customarily engaged in an independently established trade or business.
At Novian & Novian, our overtime and misclassification attorneys scrutinize employer practices, reclassify workers correctly under California law, and recover all unpaid overtime, wages, benefits, penalties, and interest that workers are owed.
How Can an Overtime and Misclassification Lawyer Help?
An overtime and misclassification lawyer analyzes your job duties, compensation structure, and working relationship to determine whether you have been properly classified and paid under California law. If violations are found, the attorney calculates the full amount owed and pursues recovery.
Our attorneys at Novian & Novian review your job description, actual duties, degree of employer control, pay records, and employment agreements to determine whether you meet the legal tests for exempt status or independent contractor classification. When misclassification is established, we calculate back wages, overtime, meal/rest break penalties, expense reimbursement, and other amounts owed.
If you believe you have been misclassified or denied overtime pay, contact Novian & Novian for a free consultation. Our Los Angeles attorneys will evaluate your situation and fight to recover everything you are owed.
What Our Clients Say
“My employer called me a ‘manager’ but I had no real authority. Novian & Novian proved I was misclassified as exempt and recovered three years of unpaid overtime plus penalties. Outstanding work.”
— Former Client, Los Angeles
“I was classified as an independent contractor for a delivery company despite being told exactly when and how to work. Novian & Novian applied the ABC test and recovered everything I was owed as an employee.”
— Former Client, Inglewood
“Novian & Novian filed a PAGA claim after discovering my employer was misclassifying dozens of workers. They recovered significant penalties for all of us and forced the company to reclassify everyone correctly.”
— Former Client, Van Nuys
Why Should You Choose Novian & Novian for Your Overtime or Misclassification Case?
Novian & Novian has fought overtime and misclassification violations across California for over 35 years. We have recovered significant sums for workers misclassified as exempt employees, independent contractors, and other categories designed to deny rightful pay.
Our attorneys understand the complex legal tests for exempt status and independent contractor classification under California law. We leave no stone unturned in identifying violations and maximizing recovery for our clients.
Expert Knowledge of Classification Tests
We are experts in California’s duties tests for exempt employees and the ABC test for independent contractors. We know exactly when employers are misclassifying workers.
Comprehensive Damages Calculations
We calculate all owed amounts — unpaid overtime, minimum wage differentials, meal/rest break penalties, expense reimbursement, waiting time penalties, and interest. Our thorough approach maximizes your recovery.
Individual and Class Action Experience
Misclassification often affects entire workforces. We handle both individual claims and multi-plaintiff class actions and PAGA claims to recover for all affected workers.
No Fees Unless We Win
We handle overtime and misclassification cases on a contingency fee basis. You pay nothing unless we recover compensation.
Aggressive Advocacy Against Employer Schemes
Misclassification is often a deliberate cost-saving strategy by employers. We fight to make employers pay the full price for cheating workers out of their rightful compensation.
FAQs
Below are answers to some of the most common questions:
How Do I Know If I Am Properly Classified as Exempt?
To be exempt from overtime in California, you must generally: (1) earn a salary at least twice the state minimum wage for full-time work, (2) spend more than 50% of your time performing exempt duties (executive, administrative, or professional), and (3) regularly exercise independent judgment. If any prong fails, you are non-exempt and entitled to overtime.
What Is the ABC Test for Independent Contractors?
Under California’s ABC test (AB 5), a worker is an employee unless the employer proves: (A) the worker is free from control and direction, (B) the work is outside the employer’s usual business, and (C) the worker is engaged in an independently established trade. All three must be met.
What Can I Recover If I Was Misclassified?
You may recover unpaid overtime, minimum wage differentials, meal and rest break penalties, unreimbursed business expenses, payroll tax contributions, waiting time penalties, interest, and attorney fees.
How Far Back Can I Recover Unpaid Overtime?
In California, you can generally recover unpaid wages for three years (four years under UCL claims). Penalties may have shorter lookback periods. The sooner you file, the more you can recover.
Can My Employer Retaliate Against Me for Filing an Overtime Claim?
No. California law prohibits retaliation against employees who assert their wage and hour rights. If your employer retaliates, you may have an additional retaliation claim.
What If My Employer Pays Me a Salary — Am I Automatically Exempt?
No. Being paid a salary does not automatically make you exempt from overtime. You must also meet the salary threshold and the duties test for one of the recognized exempt categories. Many salaried workers are misclassified and entitled to overtime.
Denied Overtime or Misclassified? We Fight for Your Pay.
Our Los Angeles overtime and misclassification attorneys recover unpaid wages and hold employers accountable. Contact Novian & Novian for a free consultation today.
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