Misclassification Answers: Can I Get Overtime if I Have Been Misclassified as an Independent Contractor?

W-2 or 1099?

Misclassified Workers May Sue for Overtime Benefits

If you have been classified as an independent contractor even though you are in fact an employee, you may sue for overtime compensation that you earned but were not paid.

Click Here to find out more about the factors to be considered in determining true employment status, and the benefits you may recover if you have been misclassified.

You must file suit in Federal or State Court, and prove: 1) you are in fact an employee and not independent contractor; and, 2) you are not exempt from receiving overtime under applicable State or Federal law.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

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