Protecting Employees Misclassified as Independent Contractors or Exempt Workers
In New York, far too many employers misclassify workers to cut costs. By labeling employees as “independent contractors” or “exempt,” companies often avoid paying overtime, minimum wage, and benefits. This practice is illegal and can cost workers thousands of dollars in lost wages and protections.
At The C. Paul Law Firm P.C., we represent misclassified workers across New York. Our attorneys fight to ensure that employees are properly classified and fully compensated under state and federal law.
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Why Choose The C. Paul Law Firm P.C.?
- Employment Law Experience – Skilled in wage and hour disputes involving misclassification.
- Aggressive Legal Advocacy – We hold employers accountable for wage theft and denial of benefits.
- Worker-Focused Representation – Protecting employees’ rights against corporate abuse.
- No Fee Unless We Win – Many cases handled on a contingency basis.
What Is Worker Misclassification?
Worker misclassification occurs when an employer labels an employee incorrectly, often to reduce labor costs. The most common forms are:
| Misclassification Type | Examples | Consequences |
| Independent Contractor | Delivery drivers, gig workers, office staff wrongly classified | Denied overtime, benefits, and legal protections |
| Exempt Employee | Assistant managers, IT staff, administrative workers | Forced to work long hours without overtime pay |
| Intern Misclassification | Interns performing regular work without pay | Violation of wage and hour laws |
Signs You May Be Misclassified
- You are treated like an employee but labeled as an “independent contractor.”
- You work set hours, use company tools, and follow employer instructions.
- You do not receive overtime pay despite working more than 40 hours a week.
- You are denied benefits such as health insurance, vacation pay, or workers’ compensation.
- You are paid a flat salary with no overtime, even when eligible.
Your Legal Rights as a Worker
Both federal law (FLSA) and New York Labor Law provide protections against misclassification. Employees wrongly classified may recover:
- Unpaid overtime and wages
- Benefits wrongfully denied
- Liquidated damages (double damages in some cases)
- Attorney’s fees and legal costs
- Penalties against employers for willful violations
What To Do If You Suspect Misclassification
- Review your job duties, pay structure, and classification status.
- Keep copies of contracts, pay stubs, and schedules.
- Track your hours worked versus pay received.
- Avoid signing new agreements without legal advice.
- Contact The C. Paul Law Firm P.C. to evaluate your claim.
Frequently Asked Questions
Can independent contractors sue for misclassification?
Yes. Many workers labeled as contractors are legally employees entitled to overtime and benefits.
Do salaried employees qualify for overtime?
Yes — unless they meet strict exemption tests. Employers often misclassify salaried workers to avoid paying overtime.
What industries commonly misclassify workers?
Construction, trucking, delivery services, hospitality, retail, IT, and healthcare.
How long do I have to file a misclassification claim in New York?
Generally up to 6 years under state law, longer than federal deadlines.
Serving the Greater New York Area
We represent workers misclassified in Manhattan, Queens, Brooklyn, the Bronx, and across New York. Whether you were labeled as an independent contractor, denied overtime as “exempt,” or forced into unpaid internships, we will fight for your rights.