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Wage & Hour Audits For Overtime Exemption And Independent Contractor Classifications

Why risk a potentially devastating claim for years of unpaid overtime because you thought paying employees a salary would be okay? 

  • Ensure that employees are appropriately classified as Overtime Exempt (i.e., not eligible for overtime pay) or Nonexempt (i.e., eligible for overtime pay)
  • Ensure that individuals you are paying as independent contractors will qualify under the different tests used by various government agencies

Overtime Exemption Projects

Services include:

  •  Identification of risky jobs to review
  •  Job description reviews and analysis
  •  Education and training on legal issues for managers and human resources
  •  Detailed fact-gathering of specific job functions
  •  Attorney-client privileged legal opinions on overtime exemption classifications
  •  Strategies and risk assessments on how to change job classifications
  •  Communication plan and manager training on changing job classifications

Independent Contractor Analysis Projects

Services include:

  •  Legal analysis and attorney-client privileged opinions on independent contractor classifications
  •  Preparation of independent contractor agreements
  •  Approval process to ensure compliance

Government Agency Audits and Complaints

Organizations may be audited by state and federal agencies, typically associated with payroll tax audits conducted by the Internal Revenue Service (IRS) or the California Employment Development Department (EDD), prompted by independent contractor misclassifications. We provide advice and counsel in responding to audits, negotiating with government agencies and otherwise representing employers.

We provide legal assistance and representation during:

  • Internal Revenue Service (IRS) and California Employment Development Department (EDD) Payroll Tax Audits
  • Labor Commissioner Audits
  • Wage Claims filed with Labor Commissioner