Misclassifications

How you are classified as an employee can have an enormous impact on your rights and what you are paid. If you believe you have been misclassified, an experienced employment lawyer can help you bring a claim against your employer.

At Swartz Law, LLC, we represent clients with misclassification claims in the Overland Park area and throughout Kansas. Tara Swartz provides clients with the personal attention and skilled advocacy they need throughout the legal process. She can answer your questions about employment law and provide you with knowledgeable advice regarding your claim.

Employee vs. Independent Contractor

Independent contractors have far fewer rights than employees in the workplace. For example, independent contractors are not entitled to job-related benefits. Also, employers are not required to pay taxes for independent contractors. Instead, independent contractors have to pay their own self-employment tax.

Whether intentionally or by accident, employers often misclassify employees as independent contractors. We can help you determine whether you have been misclassified under the law and advise you regarding your employment claim to recover what you should have been paid as an employee.

Exempt vs. Nonexempt

Federal law requires that employers classify employees as either exempt or nonexempt. Exempt employees are salaried. Many of the rights and protections given to non-salaried, nonexempt workers under the Fair Labor Standards Act (FLSA) do not apply to exempt employees. For example, an exempt employee does not have a right to overtime pay under federal law.

An employer may misclassify an employee as exempt to avoid paying overtime or minimum wage. If you have been misclassified at work, we can represent you and help you protect your rights. We have experience handling misclassification cases as well as unpaid wage claims.

Contact a Kansas City Misclassifications Lawyer

We can act as your advocate and help you secure the income you earned. Contact Swartz Law, LLC, online or call us at (816) 444-8900 to schedule a consultation with a Overland Park misclassifications attorney.