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Dos and Don’ts of Documenting Everything after Houston Employment Misclassification

OK, you have done your research and are almost positive that you are being misclassified as an independent contractor instead of a regular administrative assistant employee.

Not only does your employer tell you what hours you must keep, but he also has you overseeing the whole department, which does not seem right for an independent contractor.

You are not quite sure about how to proceed, but you do know from reading various articles on the Fair Labor Standards Act and also by browsing the Kennedy Hodges, LLP site that your best line of defense is to arm yourself with information.

In this instance, it means to document everything. But there is a fine line between documenting everything and unintentionally ruining your case. Check out some of the dos and don’ts of documenting an employment misclassification as an independent contractor:

DO…

• Keep track of your hours worked
• Record the different job sites you are required to visit
• List names of all superiors and document the tasks that they have asked you to complete
• Try to re-create on paper the conversations that led to the decision to have you work independently
• Keep diligent record of the duties you perform 
• List any workers that you are asked to oversee
• Make record of who set your pay scale 
• Always keep your pay stubs

DON’T…

• Try to use your misclassification as leverage for a raise
• Discuss your misclassification with everyone in the office or on the job site 
• Become angry or hostile with your employer
• Accept any form of settlement or payoff without first speaking with a lawyer who specializes in employment law and the Fair Labor Standards Act

If you are an administrative assistant who needs help dealing with a misclassification as an independent contractor in Houston, contact the lawyers at Kennedy Hodges toll-free at 888.449.2068 for your free book, The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, as well as a complimentary case evaluation.