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Hodges & Foty, LLP > Misclassified  > What Are Your Legal Options After Being Misclassified as an Independent Contractor?

What Are Your Legal Options After Being Misclassified as an Independent Contractor?

Legally reviewed by David W.Hodges and Don J. Foty

If you have been misclassified as an independent contractor instead of an employee, the results can be costly. While misclassifying employees as independent contractors may save the employer a lot of money, the employee will suffer. To ensure your rights are protected, contact one of our trusted Texas unpaid wages lawyers today.

At Hodges & Foty, LLP, our team of unpaid wages attorneys have over 40 years of combined experience helping clients get the wages they have earned. If you have been misclassified as an independent contractor, you may be eligible to pursue unpaid wages that have been withheld with the help of one of our skilled unpaid wages lawyers. Get in touch with our team by calling (713) 523-0001.

Understanding Your Legal Options

On January 10, 2024, the U.S. Department of Labor published a final rule, effective March 11, 2024, providing guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA).

Under the FLSA, “independent contractor” refers to workers who, as a matter of economic reality, are not economically dependent on an employer for work and are in business for themselves. Such workers are normally those who are purely self employed professionals or freelance workers. 

The factors that are considered in determining whether a worker is an employee or independent contractor are: (1) the degree of the alleged employer’s right to control the manner in which the work is to be performed; (2) the worker’s opportunity for profit or loss depending upon their managerial skill; (3) the worker’s investment in equipment or materials required for their task, or their employment of helpers; (4) whether the service rendered requires a special skill; (5) the degree of permanence of the working relationship; and (6) the extent to which the service rendered is an integral part of the alleged employer’s business.

If a worker is found to be an employee, they are entitled to additional benefits – such as overtime pay and lower employment taxes.  Unfortunately, many employers wrongfully classify their workforce as independent contractors in an effort to avoid paying their employees the wages they are entitled under the law.   

Get Help Understanding Your Legal Options After Being Misclassified in Texas

The Texas unpaid wages attorney at Hodges & Foty, LLP have decades of combined experience helping clients who have been misclassified as independent contractors pursue the unpaid wages and benefits they are entitled to. Attorneys David Hodges and Don Foty are proud to both be listed in the top 100 trial lawyers by the National Trial Lawyers Association and are dedicated to providing clients with the skilled legal counsel they deserve each step of the way. 

For a free evaluation to discuss your Texas misclassification case with an unpaid wages lawyer, contact us here or call (713) 523-0001.

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