Is Your Employer Misclassifying You to Avoid Paying Overtime or Benefits?

Some Texas employers try to cut costs by misclassifying workers as independent contractors or by giving them management titles without real management duties. This practice often leads to unpaid overtime, lost wages, and denied benefits. At USA Employment Lawyers, we help workers fight back against illegal misclassification.

What Is Employee Misclassification?

Employee misclassification happens when an employer labels a worker as an independent contractor or exempt employee to avoid paying overtime, benefits, or taxes. Just giving someone a job title or signing a contract does not make them an independent contractor or exempt from wage laws.

Common Types of Misclassification:

• Independent Contractor Misclassification: You may be called a contractor, but if you are controlled by the employer, follow set schedules, or work on their premises, you may be an employee entitled to wages and overtime.
• Management Title Misclassification: Employers often give workers titles like Manager, Supervisor, Captain, or Lead even if they have no real authority over hiring, firing, or supervising other employees. Simply having a title does not exempt you from overtime pay.
• Salary Misclassification: Being paid a salary does not automatically make you exempt from overtime. You must meet specific job duty requirements under federal law to be considered exempt.

Why Employers Misclassify Workers:

• To avoid paying overtime wages
• To avoid providing benefits such as health insurance or paid time off
• To avoid paying employment taxes
• To shift business expenses onto the worker

Undocumented Workers Are Protected Too:

Your immigration status does not affect your right to be paid properly. Federal law protects all workers in Texas from wage theft, including those who have been misclassified.

How USA Employment Lawyers Can Help:

We analyze your job duties, pay structure, and work conditions to determine if your employer has misclassified you. If we find violations, we fight to recover your unpaid wages and overtime. We handle these cases on a contingency fee basis, so you pay nothing unless we win.

Contact Us for a Free Consultation:

If you believe you have been misclassified as a contractor, manager, or exempt employee, contact our Texas wage and hour attorneys today. We are ready to protect your rights and fight for the pay you deserve.