A worker’s compensation lawyer calls our firm and proudly explains that the WC Judge just deemed his injured client to be illegally classified as an “independent contractor.” Due to the lawyer’s skill, diligence, and persistence the client finally will receive the worker’s compensation benefits he deserves. Now it’s time to go after all that unpaid overtime. This will be a “slam dunk.”
WRONG!!! Under federal and Pennsylvania overtime laws, workers’ claims for unpaid overtime can only extend back three years. So if you’ve waited for you injured client’s case to work its way through the worker’s compensation system, you’ve waited too long. Most of your client’s unpaid overtime recovery will be time-barred.
So don’t wait. Get that overtime case filed immediately upon learning of the “independent contractor” misclassification. The workers’ compensation case and the overtime case can proceed on parallel tracks. Moreover, a favorable finding in the overtime case will enhance the wage entitlement in the workers’ compensation case.