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Employee Misclassification

You Deserve Fair Pay — Not a False Job Title​

Employee misclassification is one of the most common—and costly—forms of wage theft in the workplace. When employers misclassify employees, they often avoid paying overtime, minimum wages, and payroll taxes. These violations are not just technical errors—they are serious breaches of workers’ rights under the law.

At our firm, we represent workers who have been misclassified either as exempt salaried employees, or as independent contractors, when they should have been treated as hourly employees. If you believe your employer has misclassified you, you may be entitled to significant back pay and other damages.

What Is Employee Misclassification?

There are two primary forms of employee misclassification:

  • Misclassifying employees as exempt employees who are paid a salary.
  • Misclassifying employees as independent contractors.
Both forms of misclassification can result in workers being denied overtime pay, minimum wages, and legal protections guaranteed by the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA).

Misclassification as an Exempt Employee​

Under the FLSA and PMWA, only certain types of employees can be classified as “exempt” from overtime. These typically include workers in executive, administrative, or professional roles, and even then, strict legal criteria must be met.
To be exempt, an employee must generally:
  • Be paid on a salary basis.
  • Earn a minimum weekly salary (currently $684 under federal law).
  • Perform specific job duties that meet one of the recognized exemptions.
Importantly, job titles alone do not determine exemption status. For example, being called a “manager” does not make you exempt unless your actual duties involve supervising others and exercising real decision-making authority.

Common Signs of Exempt Employee Misclassification​

  • You perform mostly routine or manual tasks rather than managerial or professional duties.
  • You have little to no authority over other employees.
  • You spend most of your time performing the same tasks as hourly employees.
  • Your job is heavily scripted or controlled by corporate procedures.
  • You are subjected to regular and significant managerial oversight.
If your job duties don’t meet the legal test for exemption, your employer may owe you unpaid overtime for all hours worked over 40 per week.

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Misclassification as an Independent Contractor​

Employers often label workers as independent contractors to avoid paying minimum wages and/or overtime. But simply signing a contract that says you’re an “independent contractor” doesn’t make it legal.

The law looks at how much control the employer exercises over your work. If your day-to-day work resembles that of a regular employee, then you may be legally entitled to all the protections of employment.

Factors That Suggest Independent Contractor Misclassification​

  • You are told when, where, and how to perform your work.
  • You use the employer’s tools, equipment, or materials.
  • You work set hours or a regular schedule.
  • Your work is central to the business.
  • You cannot hire your own help or subcontract the work.
  • You are not permitted to work for other employers.
If you’ve been misclassified, your employer may owe you unpaid minimum wages and overtime pay.

Legal Remedies for Misclassification​

If you’ve been misclassified, you may be entitled to:
  • Unpaid wages.
  • Overtime premiums.
  • Liquidated damages (double the amount owed).
  • Attorneys’ fees and court costs.
You may also be able to pursue or join a class or collective action lawsuit if others were affected by the same policies.

Let’s Talk About Your Rights

If you suspect that you’ve been misclassified, we’re here to help. We exclusively represent employees, and we have extensive experience holding employers accountable in both individual lawsuits and large-scale class and collective actions.

Contact us today for a free and confidential case evaluation.

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