Misclassification

Misclassification as an Independent Contractor

Some employers avoid legal obligations, such as tax payments, payment overtime wages, vacation and sick pay, by improperly calling employees independent contractors. There are many factors under the law which distinguish an employee from an independent contractor, but if your employer generally controls what you do/your duties, requires you to work at a specific place or controls your schedule, restricts you from working for anyone else, or provides you with the equipment, tools, computers or other necessary work items, you may have been misclassified as an independent contractor. If this is the case, you may be owed additional wages , such as overtime pay and additional wages if you were underpaid.

Misclassification as an “Exempt” Employee

Some employers incorrectly label an employee as “exempt” in order to avoid paying overtime and double time rates. Even if you are paid a salary as opposed to an hourly wage or you are given a supervisory title, you may still be entitled to overtime wages. In addition, if you feel you have been properly classified as exempt from overtime wages, you may be entitled to additional wages if you were not paid at least double the minimum wage.

Just because your employer pays you a salary (instead of an hourly wage) or gives you a title, such as “manager” or “supervisor” does not necessarily mean you are truly “exempt.” You may be entitled to hourly wages, which would mean that you are also entitled to overtime pay and meal and rest periods.  Misclassification of exempt depends on a number of factors, but if you have virtually no supervisory duties at all, you may have been misclassified.