Millions Recovered
For Unpaid Workers
If you work in Tech, Sales, or as an Independent Contractor, your employer may be using false labels to avoid paying overtime. Don't be fooled—your actual duties determine your rights.
When employers steal your wages, we work overtime to get them back
(877) 466-WEDO (9336)No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
What your employer calls you doesn't matter. Whether you're labeled as an "independent contractor," "exempt employee," "consultant," or "freelancer," your actual work relationship determines your legal rights. If you're really an employee, you're entitled to employee protections regardless of your job title.
Employers often misclassify workers as "1099 contractors" to avoid paying overtime, benefits, and taxes. But under federal law (the "Economic Reality Test"), you are likely an employee if you are economically dependent on the employer.
| Factor | Employee Indicators | Contractor Indicators |
|---|---|---|
| Work Schedule | Employer sets hours | You set your own hours |
| Supervision | Employer directs your work | You work independently |
| Tools & Equipment | Employer provides them | You provide your own |
| Exclusivity | You work for one company | You have multiple clients |
| Pay Method | Hourly, salary, or piece rate | Flat fee per project |
| Profit/Loss | No risk of loss | Can lose money on jobs |
Many salaried employees are told they aren't entitled to overtime because they are "exempt." However, to be legally exempt, you must pass BOTH the Salary Basis Test and the Duties Test.
You must earn at least $684 per week ($35,568 annually).
If you make less than this threshold, you are automatically entitled to overtime pay, regardless of your job duties or title.
Your primary duties must be executive, administrative, or professional.
You must exercise independent judgment and discretion. Simply following a manual or doing the same work as hourly employees usually doesn't qualify.
Title says "manager" but you don't hire, fire, or supervise employees independently.
Labeled "contractors" but work for one company under their strict schedule.
Administrative duties following set procedures, not exercising independent judgment.
Paid day rates or "contract" fees but treated exactly like hourly employees.
Misclassification cases often result in significant recoveries because the violations typically span years. You may be entitled to:
For up to 2-3 years back (or longer in some states)
Double the amount of your unpaid wages
Paid by your employer - not deducted from your recovery
Get a free, confidential case evaluation. We'll review your specific duties and pay structure to tell you if you're entitled to overtime.
Tell us about your job duties and how you are paid. We'll help you understand your rights.