As lawyers for the workers, we fight for employees across the country who've been denied the overtime pay they earned.
Unpaid Overtime Attorney For Independent Contractors
If you are an independent contractor and your employer or client has failed to pay you for work you completed, you may have more legal options than you realize.
Unpaid wages, late payments, and worker misclassification affect hundreds of thousands of contractors across the country every year, and in many cases, the law is on your side.
Not sure if you were misclassified? If your employer sets your schedule, controls how you do your work, provides your equipment, and prevents you from taking on other clients, you may be an employee in the eyes of the law. An employee misclassification attorney at our firm can evaluate your situation at no cost.
Call (888) 992-2990 or start your free consultation for a no-cost, no-obligation case review by clicking the link. Hablamos español.
Know Your Rights As An Independent Contractor
Independent contractors are not without legal protections from employers. Understanding what you are owed, and when you are more than just a contractor, is the first step to recovering unpaid wages.
The Right to Be Paid for Work Completed
If you completed work according to an agreement with an employer or client, you are entitled to payment. This applies whether the agreement was written or verbal. If a client refuses to pay, disputes the work you completed, or simply goes silent after you deliver, you have legal options to recover what you are owed.
The Right to Be Paid On Time
Many states require contractors to be paid within a defined window after work is completed or an invoice is submitted. California, for example, requires independent contractors to be paid at least twice a month. Repeated late payments or withheld payments may be a legal violation regardless of what your contract says. You can't sign your rights away!
The Right to Question Your Classification
One of the most important rights you have as an independent contractor is the right to question whether you were correctly classified in the first place. If your employer controls your schedule, tells you how to work, provides you with tools, or prevents you from working with other clients, you may legally qualify as an employee, and not a contractor. This means that not only are you losing out on overtime but you could be missing out on benefits as well. Employee misclassification is one of the most widespread forms of wage theft in the country, and it is illegal.
The Right to Overtime Pay If You Are Misclassified
Independent contractors are generally not entitled to overtime under the Fair Labor Standards Act (FLSA). However, if you were told you are a contractor when you should have been treated as an employee, you may be entitled to overtime pay going back two to three years, including time-and-a-half for every hour that you worked beyond 40 in a workweek.
Common Ways Employers Cheat Independent Contractors Out Of Pay
Stealing from a contractor isn't always as obvious as a client refusing to pay them for their work. Read below to learn about some of the most common violations our attorneys handle. Some of them may even be happening to you.
Employee Misclassification
Employers label workers as independent contractors specifically to avoid paying overtime, providing benefits, and complying with wage laws. If you were told you are a contractor but your employer controls how, when, and where you do your work, an employee misclassification attorney at our firm can evaluate whether you were wrongly classified, and if you could be owed money.
Unpaid Overtime for Workers
Workers who are misclassified as contractors are often denied overtime pay they should have received as employees. Under the FLSA, employees who work more than 40 hours in a workweek must be paid at 1.5 times their regular rate. If you were working as a de facto employee and regularly putting in more than 40 hours, you may have a substantial unpaid overtime claim.
Late or Withheld Payments
Clients will sometimes hold back your payment and money just to control you. If you are a real 1099 contractor, this breaks your contract. But if the company tells you how to work and messes with how you are paid, you are likely a misclassified employee. That means late pay is illegal wage theft, and you could be owed money. We can help you fight back.
MICHAEL JOSEPHSON
ANDREW DUNLAP
RICHARD SCHREIBER
DAVID MATHEWS
OLIVIA BEALE
ALYSSA WHITE
WILL HOGG
JULIA CLINE
SCOTT STOTTLEMYRE
How Employers & Contractors Fight Back Against Unpaid Wage Claims
When you file an unpaid wage claim, your employer or contractor will likely push back. Many companies underpay independent contractors—or fail to pay them at all—to cut costs. Because admitting wrongdoing could lead to legal and financial consequences, employers often use various defenses to avoid paying what they owe.
Common Employer Defenses Against Unpaid Wage Claims
Employers and contractors frequently try to justify non-payment using these arguments:
- Misclassification Claims: Arguing that you were actually an employee rather than an independent contractor
- Overtime Exemptions: Stating that independent contractors are not entitled to overtime pay
- Contract Disputes: Claiming that you failed to meet the terms of your contract or project agreement
How Josephson Dunlap Fights for You
At Josephson Dunlap, we know how to counter these tactics. Our attorneys are skilled in proving misclassification, contract violations, and wage theft, ensuring that independent contractors recover the pay they are owed.
Remember: Just because an employer disputes your claim does not mean they are right. You have legal options, and we are here to fight for you.
Take action today. Contact us for a free case review and let us help you recover the wages you’ve earned.
Are you an independent contractor who was not paid for work? Call (888) 992-2990 to discuss your rights.
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