I’m a Houston Service Technician Misclassified as an Independent Contractor. What Now?
Few things are worse than discovering your paycheck is not the amount that it should be because of someone else’s poor decisions.
Even worse would be discovering that the hundreds or maybe even thousands of dollars you are missing out on is because of your own employer.
The majority of the employers who misclassify their employees as independent contractors do it for one reason and one reason alone: to save money. Since employers do not have to fork out payroll taxes for independent contractors, what better way to save money than to deem an unassuming service technician as an “independent contractor?” To the technician, it may simply seem like the same form of employment with just a different name.
In reality, the misclassification can actually take the worker’s hard-earned money and put it right back in the employer's pocket. So what should you do if you are a Houston service technician who has been misclassified?
There are a number of steps that you can take, and the fair overtime lawyers at Kennedy Hodges have compiled a list of the most important ones. Let’s take a look at what to do if you feel should be an hourly, regular employee:
Learn your rights under the FLSA. Check out the FLSA’s web page, which can be found on the U.S. Department of Labor’s website. There are explanations of what constitutes employment, who may be exempt, and what rights you can expect. Browsing through this website can also provide workers with a wealth of information.
Document everything. Make sure to write down each instance or situation that may help prove your misclassification, being sure to include dates, names and work locations, if there is more than one. Often service technicians are dispatched to many different locations throughout the day, so be sure to keep a list of those as well.
Keep track of your own hours and pay. While it is the responsibility of the employer to keep record of number of hours worked and wages paid only for actual employees (not independent contractors), it is in your best interest to keep track of this information yourself, since it is possible you should be an employee.
Contact an experienced Houston fair wages lawyer to help you. Facing an employment classification can be difficult, especially if you are not familiar with the workings of the FLSA. The best way to ensure that you are fully compensated for the money you missed out on is to enlist the help of those who dedicate their lives and practice to helping those who have received unfair wages.
Not only will the overtime lawyers at Kennedy Hodges, LLP help further explain employment misclassification and how it affects your Houston paycheck, they will also sit down with you – for free – and give you a complimentary case evaluation. The lawyers will also provide you with a free copy of their book, The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, by calling 888.449.2068.
The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in: Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.
