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It can be intimidating to approach an employer about questions or concerns you may have on your employment status. Many employees in Tennessee are not paid the compensation they deserve. When employees are wrongly classified as independent contractors or salaried employees, they do not receive many benefits and protections they should.
A Tennessee independent contractor misclassification lawyer can help you confidently resolve your employment issues. Employers do not always correctly distinguish between exempt and non-exempt employees. Experienced employment attorneys can provide the clarification you need to get the money you earned.
The Fair Labor Standards Act (FLSA) is the chief employment law that sets out the federal standards for minimum wage and overtime. Violating the FLSA has serious consequences for Tennessee employers. As of 2017, both the federal and Tennessee minimum wage is set at $7.25 per hour.
If someone is a non-exempt employee, they are legally entitled to receive at least this wage. Overtime compensation is for employees who work more than 40 hours per week. Hours worked above 40 hours accrue compensation at a rate of one and a half times the usual hourly rate.
If an individual is an exempt employee, the provisions of the FLSA do not apply to them. Having an employee who does not have any rights under the FLSA is an advantage to many employers because they can avoid the expense of complying with the statute without facing recourse. Nonexempt employees are more expensive because not only are they entitled to overtime and minimum wage, but also to additional benefits such as workers’ compensation and health insurance. It can be critical for someone to speak with a Tennessee independent contractor misclassification lawyer right away.
An independent contractor should be independent. They should be in charge of making their schedule and free to take on assignments with multiple companies. Even if an employee is not on payroll or works remotely, this does not necessarily mean they are an independent contractor. If they are paid as an independent contractor but are actually an employee, it counts as a misclassification.
To qualify as an exempt salaried employee, an individual must generally make a minimum of $455 per week, receive a salary, and perform certain executive, professional, or administrative job duties as outlined in the FLSA. If any of these three elements are not satisfied, that employee should receive protection under the FLSA.
When someone is wrongly labeled an employee and does not receive appropriate wages as a result, this may be a case of wage theft. Wage theft occurs when an employer fails to pay an employee the required minimum wage, overtime, or misclassifies an employee. If an employer has committed wage theft, the employee could receive back wages, damages, and attorney’s fees.
Most employees should earn minimum wage and overtime. If an employee earns less than $7.25 per hour or does not receive overtime, they could have a misclassification case. Misclassification is not limited to any industry. Misclassified employees can be in the business of IT, healthcare, construction, customer service, sales, and many other professions. Tennessee independent contractor misclassification lawyers could discuss employment issues with you.