Misclassification of employees is a very common complaint in overtime lawsuits. Some employers think that, by simply putting their employees in a certain category, they can avoid paying those employees overtime. However, the courts take into consideration, not only the workers’ classification, but whether or not the workers fulfill the requirements of that classification.
One instance where this comes up a lot (and has been discussed at length on this blog) is when employers classify employees as independent contractors when, in fact, the workers are treated as employees of the company. This is allegedly the case in a new lawsuit filed in California against a trucking company. According to the lawsuit, truck drivers were allegedly classified as independent contractors, even though they were actually employees of the trucking company. The lawsuit alleges that the company intentionally misclassified the drivers in order to avoid paying them overtime and for meal breaks and rest breaks.
Because independent truck drives are often paid by the load, rather than by the hour, they get paid the same rate for a load that takes six hours to deliver as they do for a load that takes nine hours to deliver. An employee, however, would receive higher compensation for the load that takes longer to deliver. They would also be entitled to any time that they worked in excess of 40 hours per week as well as compensation for meal breaks and rest breaks.
The truck drivers say that they used company trucks and had no control over their workday. An independent truck driver would have some flexibility in his hours and what loads he delivered when. Because the drivers involved in this case never had that opportunity, they were treated as employees of the trucking company and thus do not fulfill the requirements for independent contractors.
The Chicago class action attorneys at the Chicago Overtime Law Center are investigating unpaid overtime claims by misclassified employees at trucking companies and against companies for forcing employees to work off the clock at business, failing to share all tips, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay workers for overtime and other wages. If you are the victim these wage theft practices call us at (312) 869-4095 or contact us online.
The Chicago class action lawyers at the Chicago Overtime Law Center have three decades of experience fighting to help employees who are victims of wage, overtime and tip theft by their employers. We have a team of Chicago unpaid overtime lawyers who concentrate on prosecuting state and nationwide class action lawsuits. Our attorneys work out of Chicago and Oak Brook offices and pursue claims for workers all over the Chicago area including Countryside and Kankakee. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Lake, McHenry, Kane and Cook Counties.
Our Rockford and Elgin overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.