There is a certain amount of prestige attached to salaried positions. Salaried employees often view their positions as more desirable, more nuanced, more interesting and requiring a more advanced skill set, than positions that pay an hourly wage.
A classification of salaried vs. hourly, or exempt vs. nonexempt, however, is about more than prestige: It is a technical classification based on extensively litigated principles of United States employment law.
At Minenko & Hoff, P.A., in Edina, Minnesota, employment lawyer Mike Minenko represents clients in matters related to misclassification of employees. Serving both employers and employees in these fact-based claims, our law firm has developed a reputation for success in courts throughout the Twin Cities and the state of Minnesota.
Disputes arise when employees claim to be misclassified by their employers in order to avoid the payment of overtime wages. Often, salaried employees will be classified as exempt employees instead of nonexempt, just so that they can be required to work unlimited hours with limited compensation. Of course, allegations of misclassification are not always valid. The outcome of litigation depends on the facts of the case.
Misclassification Of Workers As Independent Contractors
Misclassification also arises in situations involving independent contractors. Workers may be treated like employees, but called “independent contractors” so that Minnesota employers can avoid obligations to pay them certain benefits, as well as avoid laws that protect employees.
Often, these claims begin when a worker is laid off and makes a claim for unemployment benefits. The state of Minnesota may determine that the worker was actually an employee — not an independent contractor. This determination can have a broad impact, including state and federal tax consequences.
Contact Minenko & Hoff, P.A.
To speak with a Minneapolis employment misclassification attorney about your legal concerns, call us at 952-922-6766, or contact us online. At Minenko & Hoff, P.A., the clients we serve can count on us for consistently prompt responses, honesty and straight forward legal guidance.