Washington DC Salary and Independent Contractor Misclassification Lawyer

Wage and hour laws protect most employees, but unfortunately not all employees. Whether an employee has rights under employment laws depends largely on how they are classified.

Some classifications of workers such as salary employees and independent contractors are considered exempt under Washington DC and federal laws governing minimum wage and overtime mandates.

Many employers mistakenly misclassify their workers. However, in other cases, misclassifications are deliberately made by employers in attempts to avoid paying wages compliance with the law.

In either scenario, a Washington DC salary and independent contractor misclassification lawyer could help make sure you are getting the benefits and protections you are entitled to receive. Get in touch with a skilled FLSA attorney today.

Identifying Exempt Independent Contractors

Many workers who are classified as independent contractors are actually non-exempt employees. In order to be correctly classified as an independent contractor, workers should have substantial autonomy and the ability to perform work on their own schedule. Other factors that suggest that a worker is an independent contractor are that they are self-employed and use their own equipment to perform services for multiple companies.

Essentially, the more control an employer has over things like a worker’s schedule and compensation, the less likely it is that they should be classified as an independent contractor. The fact that a worker is called an independent contractor or that taxes are not withheld from their paycheck does not necessarily mean that they are truly an independent contractor. This classification can always be challenged.

Identifying Exempt Salary Employees

To qualify as an exempt salary employee, an employee’s job duties and compensation must meet certain criteria. Not all employees who receive a salary will be exempt. Exempt salary employees must earn a minimum of $455 per week, or $23,660 per year. This amount should be paid at regular intervals that do not vary based on the number of hours the employee has worked. The employee’s job duties must also fall into one of three categories: executive, administrative, or professional.

Wage and Hour Protections for Non-Exempt Employees

The disadvantage of being classified as a salaried employee or independent contractor is that these categories of workers are not entitled to minimum wage and overtime guidelines. Employees who classified as non-exempt are shielded by federal minimum wage and overtime guidelines under the Fair Labor Standards Act (FLSA) as well as comparable protections under Washington DC law.

As a result, salary employees and independent contractors are not entitled to receive minimum wage or overtime compensation for working more than 40 hours in one workweek. Consult with a knowledgeable salary and independent contractor misclassification lawyer in Washington DC.

Your Employment Classification Matters

Do not let your employer misclassify your employment status. Being misclassified means that you are being unlawfully denied the minimum wage and overtime wages that you are rightfully owed.

Our Washington DC salary and independent contractor misclassification lawyers work with many employees who have been wrongly classified. We could help you fight to receive back wages and damages for the economic harm they have suffered as a result of being misclassified.

Your employer cannot arbitrarily decide whether or not you are exempt from wages and hour laws. The law establishes the criteria for making this determination.

If you have questions or concerns regarding your classification as a salaried employee or independent contractor, call us now to schedule your consultation.

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