Independent Contractor Misclassification & Overtime Pay

Our overtime attorneys have found that several employees, including paralegals and construction workers, are often wrongfully denied overtime pay. Employers may illegally misclassify these workers as exempt employees in order to avoid paying overtime. However, because job titles do not determine overtime eligibility, these employees may qualify for overtime as long as their job duties do not fall under an overtime exemption. Nonexempt employees who have been denied overtime pay may be able to collect unpaid wages.

If you suspect you are eligible for overtime and are not receiving the extra pay you deserve, contact our Morgan & Morgan overtime attorneys to see what we could do for you. Fill out our free case evaluation form today.

Misclassification

While several overtime violations are unintentional, some employers deliberately misclassify their workers as exempt in order to avoid paying overtime. For instance, an employer might misclassify a construction worker as an independent contractor, an occupation that generally does not warrant overtime pay. However, to be considered a true independent contractor, the worker must meet a certain set of criteria. Employees who do not meet these standards may not be independent contractors and therefore may be eligible for overtime pay.

Professionals That Are Often Wrongfully Denied Overtime 

In some cases, paralegals and legal assistants may be told they are ineligible to collect overtime because they fall under the learned professional exemption. However, paralegals and legal assistants do not fit under this exemption, as they typically do not require an advanced, specialized degree to enter their field. Therefore, paralegals and legal assistants are often eligible for overtime pay when working more than 40 hours in one week.

Other workers that are often wrongfully denied overtime include:

• Limo drivers
• Home health care aides
• Hospital employees
• Administrative assistants and secretaries
• Bookkeepers
• IT help desk employees  
• Computer maintenance workers

If you suspect you have been wrongfully denied overtime, an overtime attorney can help determine your eligibility for time-and-a-half pay. Remember, employees only have a certain amount of time to file an overtime claim, so it's important to act quickly. Contact our Morgan & Morgan overtime attorneys today.