Philadelphia Employee Misclassification Attorneys

Ultimately, your classification under the Fair Labor Standards Act (FLSA) depends on the type of relationship you have with your employer. If you have an employee relationship, you likely perform regular services for one business on an ongoing basis, and the business has a certain degree of control over when and how you fulfill your duties. On the other hand, independent contractors usually accept projects from multiple clients and retain more autonomy regarding how they complete the contracted jobs.  

To determine your proper employee classification, you may consider the following questions: 

• Do you work for one employer? 
• Are they your sole source of income?
• Do you have an ongoing relationship with them?
• Do they establish your hours and schedule? 
• Do they assign you duties and set deadlines?
• Do they control how you accomplish the work?
• Do they provide the equipment necessary to fulfill your obligations? 
• Do they pay you hourly or a salary every month, or do they pay per project? 

In most cases, independent contractors and employees answer these questions differently from one another. However, no one question should be used as a basis to determine your relationship with a business. For example, federal courts typically give less weight to how workers are paid when making misclassification determinations because the FLSA conditions apply regardless of how workers are paid (even if they’re paid “under the table”). 

How Much Can You Sue An Employer For Misclassification?

Pursuing legal action can serve as a crucial step toward recovering rightful compensation. Moreover, employers may face statutory penalties for continuous misclassification violations. If you are wondering about the potential monetary remedies, it's essential to understand the various forms of damages available, as outlined below:

• Lost Wages and Overtime: If you were coerced to work during designated breaks without proper compensation or were denied overtime pay despite exceeding the 40-hour workweek, you have the right to seek compensation for these financial losses. Pursuing these lost wages can help rectify the injustice you've experienced.
• Benefits and Retirement Contributions: Employers often provide benefits and retirement contributions to their employees, which may have been denied to you due to misclassification. In such cases, seeking compensation for the value of these benefits that were wrongfully withheld is a viable option.
• Emotional Distress and Punitive Damages: Emotional distress damages address the mental strain inflicted by your employer's actions, while punitive damages aim to penalize employers for severe misconduct. While this is not available in every misclassification lawsuit, these damages can be sought if the circumstances warrant.
• Liquidated Damages: In specific instances of misclassification, you may be eligible to recover liquidated damages. These damages represent a predetermined sum intended to reasonably compensate you for the losses you've incurred.

It's important to note that not all misclassification cases qualify for punitive and emotional distress damages.

Consulting with a qualified Philadelphia employee misclassification attorney will help determine whether these forms of compensation are applicable to your situation. If you were misclassified, do not hesitate to speak with an experienced lawyer at Winebrake & Santillo. We can determine if your situation warrants an employee misclassification lawsuit.

If you are a misclassified employee, reach out to a skilled employee misclassification lawyer at Winebrake & Santillo via online form or dial (215) 866-1551.