Re: Misclassified

It is very possible that you are misclassified and could be entitled to overtime pay. I recently handled a case like this. Please contact me at otorres@westonlawassociates.com so that I may guide you.

Regards,

Ozzie Torres

Re: Misclassified

If they set your schedule, direct your work and control your day to day-to-day work activity you are likely to be their employee under the law. Therefore, you've likely been wrongly denied proper overtime pay. Both NY law and Federal law allow you to sue the employer for up to 2 times what you should have been paid. I regularly handle these types of cases in NY, NJ and FL on a contingency basis and would be happy to speak with you regarding your potential case. Feel free to call me at (877)456-WAGE.

Re: Misclassified

I think the bigger issue here is the overtime/wage issue. Misclassification of independent contractors is more of an issue for the employer with regard to the IRS and tax consequences.

As for the overtime issue, we're talking about 3000 hours of overtime that should have been paid at time and a half, and using the double damages calculation, would allow you to seek 9000 hours of payment plus attorneys fees. Assuming a modest $10/hour wage, your employer could easily be liable for more than $100,000, including state penalties in addition to federal.

The FLSA (Fair Labor Standards Act) applies to nearly all employers. MY website FLSAattorney.com contains more information and you can contact my office by email to discuss this matter further.