Employee Misclassification Lawyer: Are You Owed Overtime Pay?

Your boss tells you that being “salaried” means you don’t get overtime. Or maybe you’re a “1099 contractor,” but you have a company email, a set schedule, and a boss you report to every day.

This doesn’t feel right. And it probably isn’t.

This is called employee misclassification. It’s a way for companies to cut costs on overtime, taxes, and benefits. It’s wage theft, pure and simple. An employee misclassification lawyer fights for you to get the pay you earned.

Misclassification usually falls into two buckets.

This is the classic move. A company hires you, makes you sign a 1099 agreement, and calls you a “contractor.” This lets them avoid paying their share of your taxes, workers’ comp, and, most of all, overtime.

But the 1099 form doesn’t matter. What matters is the reality of your job. If you are treated like an employee, you are an employee in the eyes of the law.

This trap is more subtle. You are a W-2 employee, but your employer says you are misclassified as exempt.

They give you a fancy title like “Assistant Manager,” but you spend 90% of your time running a cash register or stocking shelves. Being paid a salary does not automatically mean you lose your right to overtime.

The whole “salaried” issue comes down to this:

• Non-Exempt: You get paid time-and-a-half for hours worked over 40.
• Exempt: You do not.

To legally call you exempt, your job duties must pass a very strict, high-level test.

This is for real managers. Your main job must be managing people. You must have the power to hire or fire, or your opinion on it must carry serious weight. If you’re a “shift lead” who mostly does the same work as the crew, you are probably not an executive.

This is the most abused rule. It is not for regular administrative work. Your job must involve high-level, independent judgment on important company business. If you just follow a procedure manual, you are likely non-exempt and owed overtime.

A contract can’t change the facts of your job. Ask yourself these questions:

• Does the company control your schedule and how you do your work?
• Do you use their laptop, their tools, or their truck?
• Are you paid by the hour, not by the project?
• Is your work the main thing the company does (like a roofer for a roofing company)?
• Have you worked for them for years with no end date?

If you said yes to these, you are almost certainly an employee.

Being misclassified isn’t a small error. It costs you thousands.

You lose:

• Your Overtime Pay: All those time-and-a-half hours.
• Workers’ Comp: If you get hurt, you’re on your own.
• Unemployment Benefits: If you get laid off, you get nothing.

Tax Money: You’re forced to pay the entire 15.3% self-employment tax.

Your employer will argue that your job title or the contract you signed is the final word. We know it isn’t.

We investigate the truth. We use the legal process to get the evidence your employer won’t give you, like internal emails, time logs, and training manuals. Your employer has lawyers to protect their profits. You need an expert to protect your paycheck.

When you file a claim, you can demand:

1. Your Unpaid Wages: All the overtime you’re owed from the last two or three years.
2. Liquidated Damages: The law lets you seek double your unpaid wages as a penalty against the employer.
3. Attorneys’ Fees: If we win, your employer must pay your legal bills.

This means you can hire our team with no upfront cost. We only get paid if we recover money for you.

Don’t let your employer get away with this. Your time to file a claim is limited by law.

Call us for a free, 100% confidential consultation. Our employee misclassification lawyer team knows every tactic employers use. We will listen to your story, review your job duties, and tell you if you have a case.