How Much Can I Pursue in a Misclassification Case?

Seeking Unpaid Wages

The Fair Labor Standards Act (FLSA) sets standards for minimum wages and overtime pay, as well as other labor laws in the United States. However, many employers misclassify employees as independent contractors or exempt employees to avoid paying them the minimum and/or overtime wages they are lawfully entitled to under the FLSA. In these cases, workers can pursue up to three years of denied wages from their employer through a misclassification claim. Continue reading to learn more.

What Can You Claim in a Misclassification Case?

Employees misclassified as independent contractors or exempt employees may be entitled to more than unpaid wages.

For instance, they may be owed reimbursement for expenses incurred during their employment or overtime pay if they worked more than 40 hours a week. In addition, employers who misclassify employees may be liable for applicable taxes and penalties that would have been withheld had the employee been correctly classified.

How Long Do You Have to File a Claim?

The FLSA provides a three-year statute of limitations for workers to pursue their back wages from employers who misclassified them as independent contractors or exempt employees.

This means that employees (even if misclassified as an independent contractor or exempt employee) can file a claim within three years of the violation. At a minimum, misclassified employees can recover up to two years of their unpaid wages. However, if an employer willfully fails to pay wages, the statute of limitations is extended to three years from when the employee files their lawsuit to recover unpaid wages.

Have Evidence of Unpaid Wages

Remember that filing a claim for unpaid wages or overtime wages as a misclassified worker does not guarantee success. Employees must be able to prove their claims to recover unpaid wages from employers who have misclassified them. Employees must be familiar with their rights under the FLSA when pursuing a misclassification claim.

Work With Unpaid Wage Attorneys

By understanding the law and gathering evidence of wrongdoing, workers can seek an appropriate resolution in misclassification cases. They may recoup up to three years of wages unlawfully withheld from them if successful under federal law and, depending on the state in which they worked, potentially more. For help navigating a misclassification case, turn to the lawyers for the workers. Josephson Dunlap specializes in helping hard-working people recover unpaid wages; we're ready to help you get what you are owed.

Learn more about misclassification or schedule a consultation with our unpaid wage attorneys by calling (888) 742-7242 or visiting our website.