Independent Contractors
Called a contractor but treated like an employee?
Some companies label workers “independent contractors” to skip payroll taxes, overtime, and benefits, even when those workers are employees in every practical sense. Misclassification can strip you of minimum wage, overtime, and other protections you’re legally owed. If your employer controls how, when, and where you work, the label on your paycheck may be wrong, and USA Employment Lawyers can help you recover what you’ve lost.
Independent Contractors
The label doesn’t decide it.
The relationship does.
Courts look past the “1099” to the economic reality of your work. The more your employer controls your methods, sets your hours, relies on your work as part of its core business, trains you, and keeps you on long-term and exclusive, the more likely you’re an employee, entitled to wage-and-hour protections, no matter what your contract calls you.
0
factors courts weigh in the “economic reality” test
0
hours a week of overtime you’re wrongly denied as a “contractor”
0
years to recover back wages for willful misclassification
Signs you
may be misclassified.
Controlled work.
Your employer dictates how and when you do the job, not just the result.
Set schedule.
Fixed shifts and required hours point to employment, not a contractor’s flexibility.
Core-business work.
If what you do is integral to the company’s operations, you’re likely an employee.
Employer training.
Being trained the company’s way, rather than bringing your own methods, is an employee hallmark.
Often minimum wage, overtime pay, meal and rest protections, and benefits, plus you may get stuck paying the employer’s share of payroll taxes. Misclassification can entitle you to back wages, taxes, and fines against the employer.
They apply a multi-factor test weighing control over your work, how you’re paid and who covers expenses, your hours, whether your work is core to the business, training, and how long and exclusive the relationship is. No single factor controls.
Yes. Misclassification is usually company-wide, which makes these cases well suited to class actions. We can pursue recovery for everyone affected, not just one worker.
Why workers choose us.
You didn’t choose the wrong label, your employer did. Setting it right shouldn’t cost you anything.
Free case evaluation
Describe how you actually work and we’ll assess whether you’ve been misclassified.
No fee unless we win
We pursue misclassification claims on contingency, including class actions.
Strength in numbers
When a company misclassifies one worker, it usually misclassifies many, and we can represent the whole group.
From Our Blog
Salaried Does Not Always Mean Exempt: How Misclassification Steals Overtime
Many employers treat “salaried” and “no overtime” as the same thing. They are not. Overtime exemption depends on what you […]
Off-the-Clock Work Is Still Work: Your Right to Be Paid for Every Hour
Prep before the doors open. Cleanup after close. Answering messages on your day off. Mandatory meetings, trainings, or waiting on […]
Tipped Out Illegally? What Restaurant Workers Should Know About Tip Pools
Tips belong to the workers who earn them. That single rule, backed by the Fair Labor Standards Act, decides most […]
What Every Budtender Needs to Know about the tip pool
USA Employment Lawyers explains budtender tip pool laws, common violations, and your rights. Learn how to protect your tips and spot illegal practices.
Reclaim what you’re owed.
If you’ve been treated like an employee but paid like a contractor, the protections you missed may be recoverable. Our attorneys evaluate the real nature of your work, identify everyone affected, and pursue the claim, at no cost to you unless we win. Start with a free, confidential case evaluation.
