Trush Law Office
Trush Law Office
2900 Bristol Street
Suite B204
Costa Mesa, CA 92626
Phone: 714.384.6390
Fax: 714.384.6391
email: info@trushlaw.com
Southern California Employee Misclassification Lawyer
Welcome to the Trush Law Office. Southern California Class Action Employee Misclassification Attorney Jim Trush has been a zealous advocate fighting to ensure that employees throughout California are properly classified and receive the compensation to which they are entitled under the Federal Labor Standards Act (FLSA) and California’s Labor Code since 1989.
Employee classification has a direct effect on your employer’s rights and responsibilities towards you as a worker. Whether you are classified as an exempt employee, non-
Benefits such as Health Insurance, participation in an Employee Stock Purchase Plan (ESPP), 401k or other company offered retirement plan;
Paid Vacation and Sick Time;
Workers’ Compensation should you be injured on the job;
Unemployment Benefits if you are laid off; and
Hourly and Overtime Compensation commensurate with State and Federal Law.
If you believe that you are a misclassified worker, contact Southern California Class Action Employee Misclassification Lawyer James Trush at 714-
Exempt vs. Non-Exempt Employees in Southern California
Absent an exemption as discussed below, California’s Labor Code and the FLSA mandate that non-
Eight hours per work day;
Forty hours per work week; or
Seven consecutive days in a row.
The overtime rate – time and a half (one and a half times the employee’s regular hourly wage) or double time (twice the employee’s regular hourly wage) – is based on the number of hours worked in a single day or work week.
Exempt (salaried) Employees are generally not entitled to receive overtime compensation. Under California law, the test to determine if an employee should be exempt from overtime is based on the salary that is paid by the employer and the duties that are performed by the employee.
The employee’s salary must be equal to or in excess of twice the current California minimum wage payable at a full time rate, and the employee must be able to exercise independent judgment and discretion in the course and scope of their job duties. Exempt positions are typically managerial, creative or intellectual in nature.
The majority of successful class action lawsuits based upon employee misclassification are brought based on the improper classification of a non-
If you believe that your employer has misclassified you as an exempt employee, contact Southern California Class Action Employee Misclassification Attorney James Trush at 714-
Independent Contractor Misclassification
As with exempt / non-
There is no set definitive rule as to what constitutes an independent contractor vs. an employee; however in general, independent contractors must have the right and ability to exercise control over the scope of their work. This includes the right to accept or reject proposed work projects, as well as the manner and means by which the work is carried out.
A number of other complex factors must be taken into account before determining if an independent contractor is actually an employee, and therefore entitled to overtime and all other benefits to which an employee is entitled.
Contact a Southern California Employee / Independent Contractor Misclassification Lawyer
The Trush Law Office has been successfully representing misclassified employees and independent contractors throughout the state for 24 years. If you believe that you are owed overtime wages due to misclassification, contact Attorney James Trush at 714-
