Misclassified employee lawsuit: Did your job duties match your classification?

California workers who are misclassified as salaried employees, exempt employees or independent contractors may have been unlawfully denied wages and overtime pay.

ATTORNEY ADVERTISING

If you were classified as salaried, exempt or an independent contractor but your job duties did not match your classification, you may qualify to take legal action as part of a misclassified employee lawsuit.

What to know about the California employee misclassification lawsuit investigation

• Core Issue: Some California companies may have misclassified employees as exempt employees, salaried employees or independent contractors, potentially resulting in unpaid overtime, missed breaks or other compensation issues.

• Who it Affects: This investigation may affect California workers who were labeled as managers, supervisors, salaried employees or independent contractors but spent most of their time performing non-managerial duties or did not operate an independent business.

• Harm/Impact: Workers who were misclassified may have missed out on overtime pay, meal and rest breaks, expense reimbursements, employee benefits or other compensation they may have been legally owed.

• Legal Status: Attorneys are actively investigating claims from California workers who may have been incorrectly classified and denied wages or overtime pay.

• Take Action: If you worked in California and believe your job classification cost you wages or overtime pay, you may be eligible to file a misclassified employee lawsuit. Complete the form on this page to see if you qualify — it costs nothing to find out.

What is the California employee misclassification lawsuit about?

California workers are filing misclassified employee lawsuits against employers who labeled them as exempt employees, salaried managers or independent contractors — classifications that may have resulted in unpaid overtime, missed breaks, lost benefits or other employment protections.

These claims argue that some companies:

• Classified workers as exempt or salaried employees even though they primarily performed non-managerial duties
• Classified workers as independent contractors despite maintaining significant control over how they performed their work
• Required misclassified employees to work long hours without overtime pay
• Failed to pay exempt or salaried employees the minimum salary required under California law
• Denied required meal or rest breaks or other compensation required under California labor laws
• Denying misclassified employees access to benefits and other workplace protections

When workers are misclassified, they may lose significant income through unpaid overtime, missed wages, unreimbursed expenses or lost benefits. A California misclassified employee lawsuit may allow qualifying workers to seek compensation.

Case updates

Legal status as of September 2026

• Attorneys are actively investigating claims.

This page was last reviewed and updated in September 2026 to reflect the latest case developments.

How employee misclassification can cause lasting harm

Employee misclassification can have serious financial and personal consequences. Workers who are improperly classified as exempt employees, salaried employees or independent contractors may experience issues, including:

• Financial losses: Misclassified employees may miss out on overtime pay or other wages they should be earning, which can add up substantially over time.
• Loss of personal time: Some workers may be expected to remain available outside normal work hours, work additional hours or complete job duties without additional compensation, reducing time spent with family and friends.
• Stress, pressure and burnout: Employees who regularly work long hours without proper pay or workplace protections may experience increased pressure, exhaustion and burnout over time.
• Loss of workplace benefits and protections: Workers misclassified as independent contractors may be denied access to employer-sponsored benefits, expense reimbursements and other legal protections available to employees under California law.

If you believe you were misclassified or experienced other wage and hour violations, you may qualify to seek unpaid wages, unpaid overtime or other compensation through this investigation.

When salaried or exempt employees are misclassified

Some California employees may have been improperly classified as salaried or exempt employees. Having “manager” or “assistant manager” in a job title does not automatically determine whether a worker qualifies as exempt from California overtime requirements. Under California law, an employee must meet specific criteria to be treated as exempt, including:

• Spend more than 50% of their work time performing managerial or supervisory duties
• Meet California’s minimum salary requirements for exempt employees

Some employers may classify workers as exempt based on their job titles even when their actual duties do not meet these requirements. For example, a manager or supervisor may spend most of their time performing the same tasks as hourly employees.

Kroger recently faced multiple lawsuits alleging that employees were misclassified as managers and assistant managers while still being expected to stock shelves, sweep floors and operate registers for more than 40 hours per week.

Workers who were labeled as managers or supervisors but spent most of their shifts performing regular job duties may have missed out on overtime pay and other compensation.

When independent contractors are misclassified

Independent contractor misclassification can occur when a company treats a worker as an independent contractor, even though the working relationship more closely resembles that of an employee. Under California law, an “independent contractor” may qualify as an employee if:

• The company controls or directs how the worker performs their job
• The worker performs duties that are part of the company’s usual business
• The worker does not operate an independent business offering the same type of services

Independent contractor misclassification may affect workers across many industries, including trucking, delivery services, construction and warehousing.

Fill out the form on this page to see if you qualify for a free case evaluation.