As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
Unpaid wages are a serious problem for independent contractors, who must often fight for the money they are owed. Fortunately, there are laws in place that protect independent contractors from being taken advantage of by employers or contractors.
If you believe your employer has not paid you all that is due to you, filing an unpaid wage claim may be the best course of action.
At Josephson Dunlap, we are committed to just one thing: helping workers recover the fair pay they have earned. We help independent contractors fight wage theft.
Our experienced trial attorneys have helped more than 100,000 workers nationwide and have recovered hundreds of millions of dollars in unpaid wages on their behalf.
If you were not paid for work as an independent contractor, reach out to our firm today to learn how we can help. We help workers across the United States.
“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”- Robert F. Straight Time for Overtime
“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”- Samantha R. Off-The-Clock Case
“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”- Tony S. Misclassification Case
An independent contractor is someone who works for themselves, in a freelance capacity, instead of as an employee of a company. They provide services to clients or businesses but are not considered an employee, and usually do not receive benefits such as health insurance or vacation time. In order to be considered an independent contractor, the individual must meet certain criteria.
The exact criteria depend on the state in which the independent contractor works/performs their work-related services.
Independent contractors have the right to be paid for their services, just as any other employee would. According to federal and state laws, independent contractors are entitled to receive payment for all hours worked, including overtime and any additional pay rates due for working on holidays or weekends. In some states, such as California, contractors must be paid at least twice a month.
Depending on where you live and work, your rights as an independent contractor likely include:
- The right to control how and when you perform work-related duties
- The right to make decisions regarding how you complete your work
- The right to work where (and, in some cases, when) you want
- The right to receive and/or enter into an employment contract
- The right to independently advertise your work-related products or services
- The right to work with multiple or other contractors
- The right to manage and control your own business/work-related services
- The right to challenge your employment status (i.e., the right to challenge “independent contractor” or “employee” status)
- The right to receive payment for hours worked, services provided, or per your employment contract
Independent contractors may receive a day rate, be paid by the hour, or earn a set rate for each project or service completed. In most cases, the rate of pay and how payment will be provided are set forth by the terms of the employment contract.
Steps to Take If You Were Not Paid for Work as an Independent Contractor
If you are an independent contractor and were not paid for your work, there are a few steps you can take to help ensure you receive the wages due to you:
- First, contact your employer and make sure they understand the issue. Explain what work was done, how much is owed, and ask when payment will be made. It is important to keep all communication with your employer in writing to ensure that there is a record of the conversation.
- If you are unable to reach an agreement with your employer, contact the applicable state or federal agency for help resolving your dispute. Agencies such as the Department of Labor and local wage and hour divisions can investigate unpaid wage claims, issue orders for payment, and assess penalties against employers who violate wage laws.
- If you are still having trouble recovering your fair wages, reach out to a lawyer for independent contractors for help filing a civil lawsuit. At Josephson Dunlap, we assist unpaid independent contractors across all industries in bringing litigation against employers and contractors who fail to properly pay for all hours worked and/or services provided.
With more than two decades of legal experience and an impressive track record of success, Josephson Dunlap is the team to trust when it comes to your independent contractor unpaid wages claim.
We provide empathetic, client-focused support, along with highly focused representation tailored to each unique situation. Our attorneys work quickly and diligently to gather evidence, file cases, and negotiate fair settlements for our clients. Whenever necessary, we are fully prepared to take cases to trial.
How Employers & Contractors Fight Back Against Unpaid Wage Claims
Your employer is almost guaranteed to fight back against your unpaid wage claim. In many cases, employers and contractors underpay independent contractors (or fail to pay them altogether) in an effort to cut corners and save costs.
As such, they are extremely unwilling to admit wrongdoing or pay independent contractors the wages they have rightfully earned. Employers may attempt to use several defenses against unpaid wage claims made by independent contractors.
Some of the most common include:
- Claiming that the contractor was misclassified as an employee
- Maintaining that the contractor is not entitled to overtime pay
- Arguing that the contractor failed to meet the terms of their agreement
At Josephson Dunlap, we know how to fight back against these and other defenses used by employers and contractors in unpaid wage claims. Our attorneys are prepared to stand up for your rights and aggressively advocate for the fair wages you are owed.
Are you an independent contractor who was not paid for work? Call (888) 742-7242 to discuss your rights.
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