Many employers derive substantial economic benefits from classifying workers as independent contractors. The classification means those are not entitled to receive overtime pay, a minimum wage, or additional benefits (like health insurance) that the employer provides only to employees. Due to these economic realities, many employers will classify workers as independent contractors when the nature of their work actually indicates they are employees. If you believe your employer has wrongfully classified you as an independent contractor, you may be entitled to recover compensation in a Fair Labor Standards Act lawsuit. A knowledgeable Atlanta employee misclassification lawyer can tell you more about your options.
Even if your employer classified you as an employee, you may still have been harmed by misclassification. Employers may misclassify non-exempt employees as exempt, as the latter classification means that those workers are not owed time-and-a-half overtime pay when they work more than 40 hours in a week. The exemption categories are professional, administrative, executive, outside sales, and computer-related.
P.F. and J.S. were a pair of property damage investigators who alleged in an FLSA lawsuit that they were among that latter category — non-exempt employees misclassified as exempt.