Employee Misclassification Attorneys
Your Job Title Doesn't Determine Your Legal Status. Federal Law Does.
Being called an independent contractor, a supervisor, or an exempt employee does not make it true. Federal law has specific tests for who qualifies for each classification. It looks at how the working relationship actually works, not what your contract says or what your job title is. If a company controls your work and you depend on them for income, you may be an employee under the law, regardless of the label.
Millions of workers are misclassified every year. Some are wrongly labeled as independent contractors. Others are improperly classified as exempt from overtime. The result is the same: unpaid wages, lost overtime, and missing benefits. At Josephson Dunlap, we represent workers who were mislabeled and lost pay because of it. We have recovered hundreds of millions of dollars in back wages for over 100,000 workers across the country.
If you have been misclassified, the law may entitle you to recover unpaid wages, overtime, liquidated damages, and attorney's fees. Here is what you need to know.
WORKERS REPRESENTED NATIONWIDE
IN WAGES RECOVERED
CONSULTATION FEE
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What Is Employee Misclassification?
Employee misclassification occurs when an employer labels a worker as something they are not under federal law. The most common forms are:
- Misclassification as an independent contractor. The worker should be an employee but is paid as a contractor, missing out on wages, overtime, and benefits.
- Misclassification as exempt from overtime. The worker should be entitled to overtime but is classified as exempt, resulting in unpaid overtime for hours over 40 per week.
The label on your paycheck, your job title, and what your employer's contract says do not control. Federal law looks at how you actually work and whether you meet the legal tests for each classification.
Why Misclassification Happens
Misclassification is sometimes accidental, resulting from an employer's misunderstanding of the law. More often, it is deliberate. By classifying workers as independent contractors or exempt employees, employers can avoid paying overtime, providing benefits, and complying with wage and hour laws. The cost falls entirely on the worker.
The problem has grown as more companies treat independent contractors as a standard business model. Staffing agencies, gig economy platforms, and traditional employers all engage in this practice. Federal agencies and courts have increasingly scrutinized these arrangements, especially after landmark cases like Helix Energy Solutions Group, Inc. v. Hewitt (2023) made clear that income level and job title do not override the legal tests for classification.
How Misclassification Affects You
Misclassification costs workers real money and real benefits.
- Lost overtime pay for hours worked over 40 hours in a week
- Unpaid minimum wage
- No health insurance, no retirement benefits, no paid time off
- No unemployment insurance coverage
- Not eligible for workers' compensation
- Employer does not pay payroll taxes
Over time, these things you're missing out can add up to tens of thousands of dollars or even more.
Independent Contractor Misclassification
To be classified as an independent contractor, a worker must generally:
- 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
If the hiring organization controls how, when, or where you work, and you depend on that organization for your livelihood, you are likely an employee and not an independent contractor. Many workers classified as contractors fail this test.
Learn more: Independent Contractor Misclassification
Exempt Employee Misclassification
To be classified as exempt from overtime, an employee must satisfy two strict tests:
- Salary threshold. The employee must earn at least the federal minimum ($684 per week or $35,568 per year). Many states set higher thresholds.
- Duties test. The employee's primary work must be executive, administrative, professional, or involve specialized computer skills, and must involve independent judgment and discretion.
Both tests must be met. Many employers fail on one or both. A worker who earns a salary but performs duties that do not qualify for an exemption is entitled to overtime. A worker whose duties might qualify but who earns below the threshold is also entitled to overtime.
Learn more: Exempt vs Non-Exempt Employee Classification
What You May Be Able to Recover
If you have been misclassified, federal law may entitle you to:
- Back wages for all unpaid compensation during the limitations period
- Liquidated damages equal to the unpaid wages, effectively doubling your recovery
- Overtime wages if you were classified as exempt but did not meet the legal tests
- Attorney's fees and court costs if you prevail in your claim
- Interest on unpaid wages
The amount any individual worker may recover depends on the specific facts of the case, including how long you were misclassified, how much you should have been paid, and the applicable law in your state. Past case outcomes do not guarantee a similar result in any future matter.
Time Limits to File a Claim
Federal law provides strict deadlines for misclassification claims:
- Two years from the date of the violation in most cases
- Three years if the employer's violation was willful
Some states provide longer windows. New York, for example, allows six years to file certain wage claims. Consult an attorney to understand the deadlines that apply to your situation.
What to Do If You Have Been Misclassified
Keep your own records. Save pay stubs, contracts, emails, text messages, and any written communications about your pay, classification, or working relationship.
Document the control the employer exercised over your work. Did they set your schedule? Direct your tasks? Control when and where you worked? Require you to work exclusively for them? These facts matter.
Note when you realized the misclassification. Was it recent or have you been working under the wrong classification for years?
Consult an employment attorney before the statute of limitations runs. Many misclassification cases are handled on a contingency-fee basis, meaning you generally pay no attorney's fees unless a recovery is obtained.
Frequently Asked Questions
There is no cost. We offer free and confidential case reviews to help you understand your options. We do not charge any upfront legal fees. We only receive attorney fees if we win a financial recovery for you.
Getting started is straightforward. You can fill out our secure online form or call our office directly. A case manager will review your job details, look for qualifying wage violations, and let you know whether you may have a claim. This initial review is free and takes only a few minutes.
Federal and state laws prohibit employers from punishing or terminating workers for reporting wage violations or participating in a legal claim. This type of unfair treatment is called retaliation, and it is illegal. If your employer takes adverse action against you, our firm can advise you on your rights.
No. Your initial consultation with our firm is private and confidential. We will not contact your employer or notify them that you spoke with us. You can check your eligibility and learn about your rights without your employer's knowledge.
How Our Wage Recovery Process Works
Start your free, no-risk case review in about 10 minutes.
Submit Your Secure Form
Tell us about your missing pay through our confidential online form. We will review your details and follow up within 24 hours. Need answers right away? Call (888) 992-2990.
Get Your Free Consultation
A case manager will spend about 10 minutes reviewing your situation, looking for qualifying violations like unpaid overtime, off-the-clock work, or regular rate errors. Clear advice, no obligation.
We Build Your Case
If you have a valid claim, we get to work right away. Our team handles the paperwork, gathers the evidence, and builds a legal strategy suited to your situation.
We Recover Your Wages
Once we have the facts, our legal team pursues the full amount you are owed. You receive updates throughout the process and pay nothing out of pocket. Attorney fees are collected only if we win.
Misclassification Is Widespread, But Illegal
Federal law protects workers from misclassification. Whether you have been wrongly labeled as an independent contractor, classified as exempt from overtime, or put into some other status that denies you wages and benefits you are legally owed, the law may entitle you to recover what you have lost.
At Josephson Dunlap, we represent workers who have been misclassified and lost pay because of it. We never represent companies. We have recovered hundreds of millions of dollars in back wages for over 100,000 workers across the country.