Exemption Classifications

Job Misclassifications: When Your Employer Mislabels Your Job Title To Save Money

As an employee, the way your job is classified can make a big difference in how much you are paid, how much you work and what laws your employer is expected to follow. Properly classified employees are exempt from certain laws such as the right to receive overtime pay, meal breaks and rest breaks. Frequently, employers will misclassify workers in order to evade these regulations. Likewise, if you are classified as an independent contractor, then the same protections available to employees do not apply to you. Frequently, companies misclassify workers as independent contractors to save money.

Employers know the law. They know that they will have fewer costs and legal obligations if they call certain employees exempt or if they label them as independent contractors. Sometimes, the misclassification is a mistake; other times employers will deliberately mislabel workers in order to save money. Either way, the company is breaking the law.

How Do I Know If I Am Misclassified?

Your employer will not tell you if you’ve been misclassified, but you’ll probably suspect something is wrong. You may be paid a salary and find yourself working more than eight hours per day without receiving premium overtime wages.

Something may be wrong if:

  • Your job title says that you are a manager, but you either work alongside hourly workers, or don’t get to make policy-level management decisions.
  • You work more than eight hours per day without receiving any extra pay.
  • You are being denied meal and rest breaks.
  • You are being called an independent contractor, but the employer controls the details of your work, retains the right to hire, fire or discipline you, controls your budget and otherwise treats you like an employee.

If you think that something isn’t right, contacting a lawyer at our law firm for a confidential and free consultation is a good first step to learning about your legal rights. Your employer won’t know you called us, and you’ll receive real information about your rights and the best course of action. You may call 415-983-0900 or 800-447-5549 or, if you prefer, complete a simple online contact form.

Who Are We?

The attorneys at the San Francisco law firm of Righetti • Glugoski, P.C., work with clients in the Bay Area and throughout California who face employment-related issues involving employee grievances of all kinds, including misclassifications, the Fair Labor Standards Act (FLSA), wage pay and more. Much of our focus at our firm is in the area of class action litigation. Over the years, we have developed a reputation for success in significant class action cases, including several large wage and hour class actions.


"The Court is satisfied that class counsel has capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this court. This case presented untried issues of law."
Circle K Overtime Cases, JCCP 4267, Order on Final Approval of Class Action Settlement, Honorable William F. McDonald
"Class counsel have extensive experience litigating class actions, particularly in the area of labor and employment, and prosecuted this matter efficiently and with a high degree of professionalism. Class Counsel's costs in prosecuting this Action are hereby approved as reasonably incurred."
Lopez et al. v. Euromarket Designs, Inc., (d/b/a Crate and Barrel), Case No. BC436515 on Final Approval of Class Action Settlement, Judge Soussan G. Burguera
"Class counsel capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this Court. This case presented issues of law which are hardly settled in the field of wage and hour litigation and the Court recognizes that the attorneys for the class worked diligently and responsibly for the interests of the class members."
Groves et al. v. Ross Stores aka "Ross Dress for Less Stores", Case no. RG 04183362 on Final Approval of Class Action Settlement, Honorable Steven Brick
Mike and his team did a great job representing me in my case. He was professional, timely, and reliable. My wife and I are grateful for his hard work and dedication to my case. I highly recommend him. Thank you Mike.
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I would like to express my deepest appreciation and gratitude for the outstanding work that Mike Righetti has done. He was very professional, prompt, knowledgeable and handled my case with uppermost concern, responsibility and involvement. I would strongly recommend him as your attorney. My family and I are forever thankful that we found the Righetti & Glugoski P.C. law group to manage my case. They are truly the best at what they do.
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I recently had a issue I needed guidance with regarding exempt/non-exempt classification with a previous employer. I had not been paid for overtime hours that I had worked, prior to leaving the company. I contacted Righetti Glugoski, and quickly spoke to Matt Righetti. I was very pleased at how comfortable he and his staff made me feel. He kept me informed along every step of the way, and the whole process was very transparent. In a very short period of time, Mr. Righetti not only got me the compensation I was entitled to, but he was also able to get me penalties and fees that were owed as well. My entire experience with Matt and his firm was amazing, and I couldn't have been happier. I would highly recommend Matt and the Righetti Glugoski law firm to anyone who needs representation with a labor issue.
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Mike was an attorney that went above and beyond for my family and I. He was dedicated and sensitve to my situation always. He fought for me even when I was tired of fighting for me. To him and all his staff I truly am so thankful.
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Mike Rigetti was great to work with. Would recommend this firm for sure.
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Recent Settlements

Failure to Provide Seats
Violation of FCRA
Meal and Rest breaks
Misclassification of AMs
Misclassification of fast food managers
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