FAQs

No, it is illegal to misclassify an employee, whether intentionally or by mistake. Employers who do so violate workers’ rights and should be held accountable.

While different states use different tests to determine whether a worker should be classified as an employee, in general, employees work according to schedules set by their employer, use the employer’s equipment, receive training from the employer, and work exclusively for one employer. Independent contractors, on the other hand, set their own hours, use their own tools, do not need employer-provided training, and can work for multiple companies.

The distinction between employees and independent contractors affects a worker’s wages, taxes, benefits, and legal rights. Workers misclassified as independent contractors can potentially lose overtime pay, vacation time, meal breaks, and other legal protections.

Exempt employees who fulfill certain criteria, mainly based on their job duties and salary, are not subject to certain provisions of the Fair Labor Standards Act (FLSA), such as overtime and minimum wage protections. Non-exempt employees, usually paid hourly, are entitled to these protections from the FLSA.

Exempt employee misclassification occurs when non-exempt employees are wrongly categorized as exempt. This may result in these employees being denied certain rights and protections under the law, such as overtime pay and minimum wages.

Non-exempt employees are eligible for overtime pay under the FLSA’s overtime protections. Overtime pay must be at least one and a half times the employee’s regular hourly wage for any hours worked over 40 in a week. However, there may be additional protections at the state level.

Workers exempt from overtime protections include executive, administrative, and professional workers earning not less than $684 per week, highly compensated workers earning more than $107,432 per year, outside sales and computer workers, non-management “blue-collar” workers, and first responders like firefighters, police, paramedics, among others.

Wage and hour disputes typically involve employees who have not been paid the wages they deserve or who are not being credited with the proper amount of time worked. These disputes can arise from various circumstances, such as timekeeping software breakdowns, human errors, or illegal cost-cutting practices by employers.

Yes, if you are required to perform tasks such as standing in security lines, putting on safety equipment before work, or participating in required activities outside of your scheduled work hours, you may be entitled to compensation for this time.

Wages can be received in many forms beyond salary or hourly payments. These other forms include benefits, reimbursements, bonuses, and stock options. The agreement between a worker and employer should clearly outline the type of compensation awarded to the worker and the payment schedule.

The issue of compensation and employee rights for student-athletes is an evolving legal matter. Advocates argue that the time commitment required for college sports and the revenue these activities generate justifies this classification, offering student-athletes legal protections like the right to form unions and receive compensation beyond scholarships. Recent actions by both the National Labor Relations Board (NLRB) and the U.S. Supreme Court support this position.

Workers who are misclassified or denied fair wages may be eligible to file claims for lost wages and benefits. Because these claims often involve state and federal laws and regulations, they can be complex. Working with experienced employment misclassification attorneys is strongly advised.

The right course of action will depend on the specifics of the situation. Potential responses can involve submitting a complaint with a state or federal agency, filing a lawsuit, initiating negotiations, or taking other legal actions. An employment law attorney can review the details of each claim and advocate for the compensation and benefits that workers deserve.