New York Employee Misclassification Lawyers

While the Fair Labor Standards Act (FLSA) may initially seem straightforward, the law is complex. Many employers experience difficulty correctly classifying whether a particular job or business activity falls within an exemption category. Many employees realize that they have missed valuable compensation because they have been incorrectly classified.

At the New York City law firm of Berke-Weiss & Pechman LLP, we represent employers and employees in matters related to employee misclassification. Our lawyers have extensive experience in employment law matters, and we have been recognized for our achievements in this challenging and sophisticated area of law.

Exempt and Nonexempt Employees

The New York employee misclassification attorneys at Berke-Weiss & Pechman LLP have extensive experience representing management, as well as executive, professional and administrative employees.

We counsel management regarding proper classification of employees, helping business leaders determine whether a position is correctly exempt from Department of Labor regulations regarding required overtime pay. While business leaders can initially save money by classifying employees as exempt, avoiding hourly and overtime pay, the risk of costly litigation is present. There is always the chance that misclassified employees may pursue costly litigation down the road.

Attorneys at our Manhattan law firm also represent clients in litigation related to misclassification. We are dedicated to protecting our clients’ interests by resolving matters quickly and effectively.

Independent Contractors

There is a clear distinction between a business’s full-time employees and independent contractors, and the law requires that both be treated differently. Independent contractors often discover that they should have been classified as full-time employees when they seek unemployment compensation. At Berke-Weiss & Pechman LLP, we counsel employers and employees regarding misclassification of independent contractors. We also litigate these matters in state and federal courts.

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