don't let your boss keep it.
The Fair Labor Standards Act (FLSA) sets basic requirements for employers in employee matters, particularly regarding pay and working conditions. Although the act and federal case law are clear on issues of minimum wage, overtime pay and other issues affecting a host of job classifications, employers are persistent in finding ways to get around FLSA requirements.
One method is to misclassify employees to job descriptions that save the employer money but deny employees their basic employment rights. During the recent economic recession, and increasingly popular practice has been to misclassify regular employees as independent contractors.
Briggle & Polan, PLLC, is a nationwide law firm that focuses on federal employment law disputes involving violations of the Fair Labor Standards Act (FLSA). Our independent contractor misclassification attorneys are experienced in researching, litigating and achieving winning verdicts and settlements in federal courts across the United States on behalf of misclassified employees.
The FLSA is an expansive and powerful law that sets requirements for overtime, minimum wage and other earned compensation. It also requires that workers who perform the same work must receive the same pay and benefits and must be treated equally in the workplace.
This is an important distinction for contractors, whose employers may require them to fulfill the same work obligations as "real" employees, but without the same benefits.
If you are classified as an independent contractor, you may already be aware that your "employer" may pay you less money, provide you with no benefits or retirement plan, and pass certain employment-related taxes onto you that it would otherwise have to pay. You may also know that you can still be required to follow the same policies as employees.
What you may not know is that, as an independent contractor, you may not be eligible for overtime pay or workers' compensation, and that rights guaranteed to employees under the FLSA and other state and federal laws do not apply to you: Particularly, you cannot sue the employer for abuses such as wrongful termination, discrimination, sexual harassment or Family Medical Leave Act violations.
Given these dismal options, how can independent contractors fight back? By proving they are
really employees. Depending on your circumstances, the lawyers at Briggle & Polan, PLLC, may prove that you — or a class of others like you — have been misclassified as an independent contractor by your employer.
Once it is established that you were a contractor in name only, our attorneys can seek financial compensation on your behalf for unpaid overtime, unpaid benefits and other damages associated with your amended employment status.
To discuss your situation, and to learn your legal options, from an experienced independent contractor misclassification attorney, contact the firm online or call 512-472-1926 or toll free 866-247-HELP for a FREE consultation
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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