Worker misclassification
Workers treated as independent contractors who should have been employees, or incorrectly classified as overtime-exempt under the FLSA. Misclassification strips people of overtime, expense reimbursement, and basic protections.
Independent contractor and overtime-exempt misclassification
Independent contractor
A company treats a worker as a contractor even though the economic realities show the person is an employee. That label is often used to avoid overtime, minimum wage, expense reimbursement, and other protections.
Overtime-exempt (FLSA)
An employer labels a worker as exempt from overtime — executive, administrative, professional, or another exemption — even though the worker’s actual duties and pay do not meet the legal tests.
A common misconception: being paid a salary does not automatically make someone exempt from overtime. Salary is only one part of the test. The worker’s actual job duties also have to meet the legal requirements for an exemption. Many salaried employees are still entitled to overtime.
These cases can involve large groups of similarly situated employees when the same classification decision was applied across a workforce.
Misclassification has real consequences
- No overtime pay for hours over 40
- No reimbursement for required business expenses
- No minimum-wage protection in the same way employees receive it
- Weaker ability to challenge other workplace violations
We evaluate both the independent-contractor and exemption questions carefully. Many of these cases are suitable for collective or class treatment.
We handle these cases on a contingent-fee basis. In most wage-and-hour cases the law also allows us to seek our fees from the employer.
Think you were misclassified?
Tell us about your job and how you were paid. The review is free and there is no obligation.
Contact UsOr call (513) 202-0710