Understanding Mistakes of Worker Misclassifications under the FLSA

January 22, 2013 0 Comments

News and Commentary regarding FLSA and Misclassifications –

The Fair Labor Standards Act implemented by the US Government has detailed and strict classifications for the different types of workers hired by employers. For the most part, there are hourly and salaried employees, and contractors who are separate entities and are paid per project and not actually employed directly by the businesses they serve.

An example of an employee is someone who works for an hourly wage for McDonalds. This type of worker is entitled to the rights and benefits of the employee classification under the FLSA. An example of a contractor is a freelance web designer who is hired for a specific project and paid a fee for services rendered. This type of worker is classified as a contractor and does not have the same rights and benefits as a hired employee.

Key factors regarding misclassification

Issues regarding misclassification arise when businesses hire workers and register that worker as a contractor rather than an employee so that they aren’t required to offer them health insurance, life insurance, FMLA, overtime pay, workers compensation, and even minimum wage.

If you believe that your employer has misclassified your employment status in order to deny you compensation benefits that you are entitled to receive under your FLSA rights, contact us to schedule an appointment. You will meet with a compassionate and knowledgeable attorney who cares about your legal rights and fights relentlessly to bring fair justice in the strictest confidence.