Employee Misclassification Lawyers

Although the exact classification requirements differ slightly depending on the state in which you live and/or work, an independent contractor is generally someone who provides contracted goods and/or services for the benefit of an employer or contractor without being considered an “employee.” In other words, an independent contractor is a self-employed worker.

Generally speaking, to be considered an “independent contractor,” a worker must: 

• Retain control over their work, including how and when it is performed
• Remain independent of the hiring organization (be self-employed) 
• Perform work that falls outside the normal scope of the hiring organization’s business 

Hiring organizations may dictate the result of an independent contractor’s work, but they may not control, direct, or manage how or when that work is performed. Independent contractors typically enter into employment contracts with hiring organizations, pay their own expenses, carry their own insurance, set their own schedules, negotiate their own pay rates, and assume certain risks.  

The Effects of Employee Misclassification

Being incorrectly classified as an independent contractor or exempt employee can have many negative effects. 

Some of the most common include: 

• Unpaid wages 
• Unpaid overtime 
• Untimely wage payment
• Minimum wage violations
• Meal and rest break violations
• Lack of employment benefits 
• Lack of protection for workers’ compensation claims
• Difficulty filing for or obtaining unemployment compensation 

If your employer has misclassified your employment status, you are at risk of losing out on rightful wages you have earned, including overtime pay. You also do not have the same protections and benefits as workers who are correctly classified as employees, including non-exempt employees.

Proving Your Case as a Misclassified Employee

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.

This is why it's critical to work with an employee misclassification lawyer.

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.