Independent Contractor Misclassification Attorneys
Your Label Does Not Determine Your Working Status. Federal Law Does.
Being called an independent contractor does not make it true. Federal law has a specific test for who qualifies. It looks at how the working relationship actually works, not what your contract says. If a company controls your work and you depend on them for income, you may be an employee under the law. The label on your paperwork does not change that.
At Josephson Dunlap, we represent workers who were mislabeled as independent contractors and lost wages because of it. We never represent companies. Our firm has recovered hundreds of millions of dollars in back wages for over 100,000 workers across the country.
WORKERS REPRESENTED NATIONWIDE
IN WAGES RECOVERED
CONSULTATION FEE
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What Makes Someone an Independent Contractor?
Even if you signed a contract and receive a 1099 at the end of the year, federal law does not care.
The Fair Labor Standards Act looks at how the working relationship actually works. A worker who is controlled by one company and relies on them for most of their income is an employee under the law. Being called a contractor does not change that. Employees are entitled to overtime, minimum wage, and other protections. Contractors are not.
The difference between being a contractor and an employee costs workers real money. Companies that label employees as contractors skip overtime pay, avoid payroll taxes, and the worker misses out on benefits. Those savings for the company come out of the worker's pocket.
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Who Controls How the Work Is Done?
True contractors decide how to get the job done. They choose their own tools and set their own hours. When a company tells you exactly how to work, not just what to deliver, that points toward employment. The more a company controls your daily process, the harder it is to call you a true contractor.
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Do You Work for A Couple of Companies, Or Just One?
Real contractors run their own businesses. They take on multiple clients and move between jobs. If you rely on one company for most or all of your income, that points toward dependence. If you cannot take other work at all, that is even stronger. Relying on a single employer for your livelihood is one of the clearest signs of an employment relationship.
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Is Your Work Central to What the Company Does?
A contractor provides a service outside the company's core business. A plumber hired to fix a pipe at a law firm is a contractor. A paralegal doing legal work under attorney supervision is not. When your work is part of what the company does every day, the law tends to treat you as part of that business, not an outside vendor.
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Can You Make More Money Or Less Money Based On Your Own Choices?
Real contractors run are running a business. They set their rates, manage their costs, and take on financial risk. If you are paid a flat rate per hour or per job with no way to grow your earnings, that looks more like employment to the law. A contractor who cannot set their own rates and choose what jobs to accept based on their rates is limited.
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Is the Relationship Open-Ended or Project-Based?
Contractors are usually hired for a specific project or period of time. An ongoing arrangement with no end date looks more like employment. When a company expects you to be available indefinitely with no defined project scope, that relationship works more like employment than a contract for services.
Now that you're read these, think about your day to day at work. Not what your contract says. Not your job title. What your work actually looks like. If most of those answers point toward the company rather than your own independence, your classification may not hold up under federal law.
Where the Law Stands in 2026
The rules around independent contractor status have shifted over the past few years. Here is what you need to know right now.
The 2024 Rule Is No Longer in Effect
In January 2024, the Biden administration issued a rule that used six equal factors to determine contractor status. That rule stopped being enforced in May 2025. The Department of Labor is now operating under a two-factor approach while a new rule is finalized.
On February 26, 2026, the DOL published a proposed rule to formally replace the 2024 rule. The comment period closed April 28, 2026. A final rule has not been issued yet as of the date of this page. We will update this page when a final rule is published.
The Two Core Factors Under Current Enforcement
While the 2026 rule is being finalized, the DOL is applying a two-factor approach. These two questions carry the most weight in any classification review:
Control Over the Work
Opportunity for Profit or Loss
Three additional factors also apply as secondary guideposts: how permanent the relationship is, the degree of skill the work requires, and whether the work is central to the company's business. No single factor settles the question on its own, but control and profit/loss carry the most weight under the current approach.
For most misclassified workers, this does not change the outcome. If your employer sets your schedule, tells you how to do your job, and your pay gives you no real ability to profit independently, the analysis points toward employment under either the old rule or the new one.
If you have been classified as a contractor for years, a regulatory shift may affect whether your classification was ever accurate. Claims within the applicable statute of limitations may still be available. Contact us to find out where you stand.
What Misclassification Actually Costs You
Most workers who are mislabeled as contractors do not know the full scope of what they lost. Overtime is the most obvious piece, but it is not the only one.
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Unpaid Overtime
Employees who work more than 40 hours in a week are entitled to time-and-a-half. Contractors are not. If you put in 50 or 55 hours a week at a flat rate, you may be owed significant back pay. Depending on whether the violation was willful, you may be able to go back two or three years.
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Minimum Wage Shortfalls
Federal and state minimum wage laws apply to employees, not contractors. Some workers are paid by the piece or by the project. When you divide that pay by actual hours worked, it can fall below minimum wage. That shortfall may be recoverable under the FLSA.
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Meal and Rest Break Pay
Many states require paid rest periods and meal breaks for employees. Contractors are not covered by those rules. A mislabeled worker may have gone years without break pay they were legally entitled to receive.
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Workers' Compensation and Legal Protections
Employees are covered by workers' compensation, unemployment insurance, and anti-discrimination laws. Contractors get none of these. The true cost of being mislabeled often goes well beyond lost overtime pay.
Industries Where Misclassification Is Most Common
Misclassification shows up most in industries where companies use large workforces and want to cut labor costs. Workers in these sectors are frequently called contractors when their working conditions reflect employment.
- Trucking and Transportation
- Construction and Trades
- Healthcare and Home Health
- Technology and Software
- Gig and Delivery Platforms
- Oil and Gas
- Janitorial and Facilities
- Staffing and Temp Work
- Landscaping and Grounds Maintenance
- Catering and Event Services
Workers in these fields are also among the least likely to get accurate information from their employers about what the law requires. If you work in any of these industries and have been labeled a contractor, it is worth a free review to find out where you stand.
Talk to A Misclassification Attorney Today
We offer free and confidential consultations for workers who believe they were mislabeled as independent contractors. Our initial consultation is completely free and confidential.
If your employer called you a contractor but treated you like an employee, contact us. We will review your situation and tell you clearly where you stand under the law.
Call (888) 992-2990 | Hablamos Español.
Frequently Asked Questions
Yes. What a contract says does not decide your legal status under the FLSA. Federal law looks at how the work actually functions, not the label your employer put on the agreement. If the real conditions of your job reflect employment, calling you a contractor in writing does not change that. Employers cannot avoid wage and hour obligations by inserting the word "contractor" into a contract.
No. Tax classification and legal classification under the FLSA are separate issues. An employer can issue 1099s and still be violating federal wage law if that worker is actually an employee under the Economic Reality Test. The way your employer reports your pay to the IRS does not determine your rights under the FLSA.
You may be entitled to recover unpaid overtime for all hours worked past 40 in a workweek during the applicable period. Under the FLSA, you may also be entitled to an equal amount in liquidated damages. If the violation was willful, the lookback period extends to three years instead of two. You may also have claims for minimum wage shortfalls and unpaid break time. Results vary based on the specific facts of each case.*
Yes. You do not have to leave your job before pursuing a wage claim. Many workers file claims while still employed. The FLSA prohibits your employer from punishing you for asserting your rights. If you have concerns about how your employer might respond, speak with an attorney before taking any steps. Our consultations are free and confidential. Your employer will not be contacted during the review process.
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.
Find Out If Your Employer Owes You Back Wages
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Call (888) 992-2990 | Hablamos Español.