Regrettably, employee misclassifications occur all too frequently. Sometimes, they may be the result of good-faith errors. Other times, though, the employer knew (or should have known) that it was not following the law. When that happens, you can seek a finding in your unpaid overtime case that your employer willfully violated the Fair Labor Standards Act, which can greatly enhance the compensation you can receive. If you think your employer willfully broke the law, you need an experienced Atlanta unpaid overtime lawyer to help you get everything to which the law entitles you.
J.M. was one of those people. She worked for a company that provided “in-home healthcare and companion services.” According to her lawsuit, J.M. frequently worked more than 80 hours a week. However, she received only $1,500 per month for her work. The employer allegedly never paid J.M. any overtime for any of the hours she worked.
The employer did this by classifying J.M. as an independent contractor rather than an employee. J.M.’s lawsuit asserted that her independent contractor status was a misclassification, that the employer knew (or ought to have known) it was a misclassification, and that the employer willfully violated the FLSA.