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.
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.
“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
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.
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.
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 misclassification 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.
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