Employee
- Entitled to minimum wage and overtime pay
- Employer controls how work is done
- Set schedule and work location
- Employer provides tools and equipment
- Ongoing relationship with employer
- Work is integral to employer’s business
Utah Overtime Lawyers Services
Wage and Hour Claims
Misclassification of Workers
Are you truly an independent contractor or should you be classified as an employee?
Understanding Worker Classification
Workers are classified either as employees or independent contractors depending on multiple factors. Workers who believe they have been misclassified can file a claim.
Companies cannot legally avoid paying workers overtime and minimum wages simply because they call them “independent contractors” or have them sign an independent contractor agreement.
Our attorneys represent workers who are dealing with misclassification and asserting their right to fair wages.
Employee vs. Independent Contractor
Independent Contractor
- Not entitled to minimum wage or overtime
- Controls how work is performed
- Sets own schedule and work location
- Provides own tools and equipment
- Project-based or temporary work
- Operates independent business
Signs You May Be Misclassified
Set Schedule
Your employer sets your work schedule, requires you to work specific hours, or controls when and where you work.
Company Equipment
Your employer provides the tools, equipment, or workspace you need to do your job, rather than you providing your own.
Detailed Control
Your employer controls how you perform your work, what methods you use, or requires detailed reporting of your activities.
Ongoing Work
You perform work that is ongoing, regular, and integral to the business rather than project-based or temporary work.
Legal Tests for Classification
Behavioral Control
Does the company control or have the right to control what the worker does and how the worker does their job?
Financial Control
Are the business aspects of the worker’s job controlled by the payer? This includes how payment is made and whether expenses are reimbursed.
Relationship Type
How do the worker and business perceive their relationship? Is this ongoing work that’s integral to the business or a specific project?
Consequences of Misclassification
For Workers
- Loss of minimum wage and overtime protections
- No unemployment insurance benefits
- No workers’ compensation coverage
- Responsibility for self-employment taxes
- No access to employer benefits
What You Can Recover
- Back wages for unpaid minimum wage
- Unpaid overtime compensation
- Liquidated damages (double damages)
- Attorney fees and court costs
- Protection from retaliation
Steps to Take if You’re Misclassified
- 01
Document Everything
Keep records of your work schedule, duties, and how your employer controls your work
- 02
Review Your Situation
Analyze your working relationship using the legal tests for classification
- 03
Know Your Rights
Understand what compensation and protections you may be entitled to recover
- 04
Get Legal Help
Consult with experienced attorneys who can evaluate your case and fight for your rights
Free case review
If you believe you have not been paid correctly, please fill out the form below and get in contact with an attorney today!
Need Help with Other Employment Law Issues?
While we specialize in wage and hour claims, our firm also handles a full range of employment law matters including wrongful termination, discrimination, harassment, and retaliation.
- Wrongful Termination
- Discrimination Claims
- Harassment Issues
- Retaliation Cases