Misclassification – Exempt/Hourly

Lawyers for Misclassified Exempt and Hourly Employees

We Fight for Your Rights and Can Get You What You Deserve

A misclassified employee violation is just one of many types of unjust or prejudicial treatments employees face on the job and that we fight in court. For more about our Employment Law legal services, please see our “Bay Area Employment Law Attorney” page. Or for other types of employee work-related issues we fight for our clients, see the links to the right.

The vast majority of employees are considered to be “hourly” or “non-exempt,” meaning that they are entitled to an overtime/double time premium, rest and meal breaks, as well as other benefits accorded under California law.

There are a number of narrow “exemptions” that may apply to you to make you “exempt” from these beneficial employment laws.  Your employer has the burden of demonstrating that you fall into one or more of the narrow exemptions.  If your employer mistakenly classified you as “exempt” even though you did not fit into any of the exemptions, the employer likely owes you significant funds for unpaid overtime/double time, meal and rest breaks, and other wage and hour violations.

Misclassification Categories Include:

“I don’t enjoy conflict, but when I see that my client has been wronged, I fight and give it everything I have to make sure that my client gets justice.” – Mark Venardi

Each exemption has a number of specific requirements that must be satisfied.  Your employer cannot “mix and match” the requirements from different exemptions and instead must prove that you fit ALL of the requirements of an exemption.

The law firm of Venardi Zurada LLP provides a free initial consultation for misclassification of exempt and non-exempt employees as part of our wage and hour practice throughout the San Francisco Bay Area. We are experienced employment lawyers who fight hard for our clients.  If we are able to take your case, we pay all litigation costs. We only get paid our costs and attorneys’ fees if you get compensation.


If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at (935) 937-3900 or submit the form to the right.

When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.

We have four offices to serve you in San Francisco, Oakland, San Rafael and Walnut Creek, and serve clients throughout the entire San Francisco Bay Area including the entire Silicon Valley and throughout California.