05 November

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Misclassification Claims: Are You Really an Independent Contractor?

Posted by Hodges & Foty, LLP

Many workers may think that their job as an independent contractor allows them to work on their own terms. However, the reality is that some companies misclassify employees as independent contractors to avoid providing benefits and legal protections. This can leave workers without the rights they are entitled to under state and federal law. If you are classified as an independent contractor, it is crucial to understand if that label is accurate and if you may have a valid misclassification claim. We at Hodges & Foty, LLP have over 40 years of combined experience handling complex employment matters, including misclassification claims....

27 October

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Can Your Employer Blame You for Employee Misclassification?

Posted by Hodges & Foty, LLP

in Misclassified

Employee misclassification affects both workers and employers in many ways. Employers must distinguish between employees and independent contractors to stay compliant with employment laws and avoid issues with worker protections and benefits. At Hodges & Foty, LLP, we understand the difficulties that employee classification presents. Misclassifying workers to reduce payroll taxes or benefits can create serious legal risks for employers, including fines, back pay requirements, and regulatory scrutiny. Reach out to our team for your free consultation by filling out our contact form to learn how we can protect your rights. Employees vs. Independent Contractors: Potential Misclassification Employees operate under an employer's direct...

23 August

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8 Signs Your Employer May Be Misclassifying You as a Contract Worker

Posted by Hodges & Foty, LLP

in Misclassified

The line between employee and contract worker can become blurry in today's workforce. While both roles have distinct differences, some employers may intentionally or unintentionally misclassify employees as contract workers to reduce costs or avoid providing benefits. Sometimes, an employee’s classification should legally change, but an employer can forget to update information as responsibilities evolve. Misclassification can quickly lead to lost wages, denied benefits, and a lack of workplace protections. Understanding the signs of misclassification is essential to ensure your rights are not compromised. Please reach out to Hodges & Foty, LLP if you want to take legal action against your...

11 August

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Are Bartenders Considered Independent Contractors in Texas?

Posted by Hodges & Foty, LLP

in Misclassified

For bartenders, determining whether they are classified as independent contractors or employees can significantly impact their rights, particularly when it comes to fair compensation. Misclassification can lead to the denial of important benefits, such as overtime pay, unemployment benefits, and wage protections. Every worker, including bartenders, is entitled to receive proper wages for the hours worked, at least at the minimum wage rate required by law, regardless of how their employer classifies them. If you believe you may have been misclassified as an independent contractor, Hodges & Foty, LLP is here to assist you. Our attorneys have extensive experience in navigating...

31 May

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6 Consequences Your Employer May Face If They Have Misclassified You as Exempt From Overtime

Posted by Hodges & Foty, LLP

in Misclassified

In an evolving workforce, the distinction between exempt and nonexempt employees under the Fair Labor Standards Act (FLSA) has never been more critical. Misclassifying employees as exempt from overtime can lead to significant legal and financial consequences for employers. Misunderstanding these classifications can easily lead to compliance issues, which are costly and damage an organization's reputation. At Hodges & Foty, LLP, we highlight the critical nature of accurate employee classification and its implications for fair wage practices. Our focus on employment disputes, including cases of overtime and unpaid wages, underscores our commitment to advocating for workers' rights to fair compensation. If...

14 May

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Why Is It Important to Be Properly Classified as Exempt or Nonexempt from Overtime?

Posted by Hodges & Foty, LLP

in Misclassified, Overtime & Unpaid Wages

As an employee, understanding the significance of correct classification as exempt or nonexempt for overtime is essential, yet the subject can be complex. This classification affects various facets of employment, from eligibility for overtime pay to how wages are calculated in different scenarios. For employees who are determined to secure their rightful compensation, grasping these nuances is critical. At Hodges & Foty, LLP, our attorneys are well-versed in wage and hour regulations and are ready to provide the detailed guidance and support you need. If you have concerns about your classification or any other wage-related issues, please do not hesitate to...

20 February

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What Employees Are Most At Risk for Misclassification in Texas?

Posted by Hodges & Foty, LLP

in Misclassified

In the diverse and dynamic employment landscape of Texas, the issue of employee misclassification emerges as a critical concern, particularly for those in certain high-risk industries. Misclassification most commonly occurs when workers are incorrectly labeled as independent contractors rather than employees, a distinction that carries significant implications for wages, benefits, and legal rights. At Hodges & Foty, LLP, we recognize the importance of correct employee classification and the consequences misclassification can have on workers. Our team aims to offer insights into how workers in various industries can be inadvertently or deliberately misclassified. Understanding the factors that contribute to misclassification is crucial...

13 February

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

Posted by Hodges & Foty, LLP

in Misclassified

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...

12 February

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What Does It Mean to Be Misclassified as an Independent Contractor?

Posted by Hodges & Foty, LLP

in Misclassified

As an employee, receiving the wages that you have rightfully earned is of the utmost importance. Unfortunately, there are situations that may arise where an employee is misclassified as an independent contractor. This can affect many aspects of an employee's benefits, such as an employee's overall wages due to being deemed exempt as an independent contractor and therefore being denied overtime pay. Hodges & Foty, LLP is a Texas law firm with more than 40 years of combined experience helping clients who have been misclassified as independent contractors. Our board-certified misclassification lawyers are proud to offer trusted legal counsel to workers across...

12 February

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What Does It Mean to Be Misclassified as Exempt from Overtime?

Posted by Hodges & Foty, LLP

in Misclassified

Federal law requires that most employees who work more than 40 hours a week receive overtime pay. This overtime rate is typically time-and-a-half pay. If you believe you may have been misclassified as exempt from overtime by your employer, it is important you contact a overtime lawyer who can ensure you understand what this means, how this affects your income, and what legal steps you should take. Hodges & Foty, LLP is a Texas law firm with more than 40 years of combined experience and board-certified overtime attorneys . We are proud to represent workers across the state of Texas, especially...

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