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.
Employee Misclassification Lawyers
Challenging Your Employment Status
As more and more businesses continue to rely on independent contractors in order to maintain or enhance productivity while reducing costs, there comes a rise in employee misclassification claims. Employee misclassification typically occurs when an employer classifies a worker as an independent contractor despite the fact that the worker does not meet the criteria for being classified as such. However, other workers can also be misclassified, including employees who are incorrectly classified as exempt from overtime.
As a result of being wrongfully classified as an independent contractor or exempt employee, a worker can miss out on wages, overtime pay, and a wide range of employment benefits to which they are rightfully entitled, such as health insurance, vacation time, and more. At Josephson Dunlap, we recognize just how significant the impact of employee misclassification can be, which is why we dedicate our practice to helping affected workers fight for their rights.
Our employee misclassification lawyers regularly represent salaried, hourly, and day-rate employees who have been incorrectly classified as independent contractors or exempt employees. We have a long history of success, having helped more than 100,000 clients and having secured hundreds of millions of dollars in unpaid wages and overtime.
Contact us today to learn how we can help you challenge your employment status or seek fair compensation for back wages and other damages. Call (888) 742-7242 for a free consultation.
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“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
What Is an Independent Contractor?
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.
How the Employee Misclassification Attorneys at Josephson Dunlap Can Help
If you believe that your employer has incorrectly classified you as an independent contractor or exempt employee, reach out to Josephson Dunlap right away. Our experienced trial attorneys can help you take the necessary steps to seek fair compensation for your unpaid wages, unpaid overtime, back wages, and other damages, such as pain and suffering. We understand just how stressful these situations can be, which is why we work quickly to initiate legal action and remain consistently available to answer your questions throughout the legal process.
We know that it can be hard to know where to turn for help, but the Josephson Dunlap team is here for you. Our employee misclassification lawyers are ready to stand up for you and advocate for your rights, even if that means taking your case to trial.
Reach out to us today at (888) 742-7242 for a free and confidential consultation. Hablamos español.
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.
What Will Next Steps Be?
Submit your case in as little as 10 minutes.
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Form Submission
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Free Consultation
A personal case manager will quickly identify if you have a case. A quick 10 minute phone call is all it takes.
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We Build Your Case
Your personal case manager will work with you to make sure you have everything you need for a strong case.
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Get Your Wages Back
Once your case manager has everything, you just wait while we fight for your wages. We'll keep you updated on your case results and when you can expect your money.