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Am I Really an Exempt Administrative Employee?

Am I Really an Exempt Administrative Employee?

by Alexei Kuchinsky, Esq | Nov 11, 2011 | Administrative Exemption, Misclassification

If you are employed in an administrative capacity and your job meets all the requirements of the administrative exemption law, your employer does not have to pay you overtime or pay extra for missed breaks. For this reason, employers love the administrative exemption...
Independent contractor vs. employee: examples and explanations of misclassification.

Independent contractor vs. employee: examples and explanations of misclassification.

by Alexei Kuchinsky, Esq | Oct 20, 2011 | Independent Contractors, Misclassification

In a previous post, we looked at the list of factors that California courts and agencies use to determine whether a particular worker is an independent contractor or employee. To better understand how these factors interplay with each other, it is best to look at the...
How do I know if I am an independent contractor or employee?

How do I know if I am an independent contractor or employee?

by Alexei Kuchinsky, Esq | Oct 16, 2011 | Independent Contractors, Misclassification

My employer asked me to sign an independent contractor agreement and at the end of each year I get an IRS form 1099 instead of a W-2. Does it mean I am an independent contractor? The short answer is no. Just because your employer classified you as an independent...
Why is the difference between an independent contractor and employee so important?

Why is the difference between an independent contractor and employee so important?

by Alexei Kuchinsky, Esq | Oct 11, 2011 | Independent Contractors, Misclassification, Overtime

M y employer classified me as an independent contractor. What difference does it make whether I am an independent contractor or employee? The short answer is that if your employer misclassified you as an independent contractor, you may be owed  a great deal of money...
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