Misclassified as an independent contractor, want to collect unpaid wages and benefits

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Misclassified as an independent contractor, want to collect unpaid wages and benefits

I worked as a field service technician for a company based in Minneapolis. I was classified as an independent contractor and received no OT, medical coverage, vacation or holiday pay. The EDD has already determined I was an employee and approved my UI claim.

I was given a company van stocked with parts to do my job, training was provided on-site and at the factory. All travel and accommodations for the factory training were paid for by the company. Any overnight out of town expenses were reimbursed, I was paid by the hour weekly, business cards with the company info and my name were provided, the van had the company logo and info on it.

I want to be paid for any OT and benefits I was not paid for.

Please advise.

Asked on November 15, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are doing what you should: the Labor Dept. enforces the labor laws and wage & hour rules, so they are the first step in collecting the compensation due you when you were mischaracterized, as you appear to have been based on what you write. If your state labor board is not being as responsive as they might, try contacting also the U.S. Dept. of Labor; if neither is helpful you can sue (you'll want to retain an employment lawyer for that), but starting with the labor department is a good idea, because you don't have to pay for their help.


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