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Worker Misclassification Lawsuit
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Morgan & Morgan received $120M for a 25-yr-old paralyzed by a vehicle. The trial focused on driver negligence and city responsibility.
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Morgan & Morgan received $16.4M for a woman in a rear-end car accident case after original firm couldn't help. Our attorneys worked hard for a successful outcome, beating pre-trial offer of $7,000.
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$16,000
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Morgan & Morgan attorneys Spencer Payne & Keith Mitnick received $12.35M for client suffering from nursing home abuse & neglect. No one should suffer harm.
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$500,000
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Morgan & Morgan received a $7.8M car accidents verdict for our client, with a $100,000 pre-trial payout.
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Results may vary depending on your particular facts and legal circumstances.
- What Compensation Could I Seek as a Misclassified Worker?Individuals who have been misclassified as independent contractors may seek to recover the following:
- Paid sick leave owed
- Payments owed for unemployment insurance
- Unpaid wages
- Other penalties
- How Do I Know If I Have Been Misclassified?Companies will often take advantage of their workers by withholding the information that could help them understand whether or not they are misclassified. However, thanks to the FLSA, whether you are an independent contractor in the eyes of the law depends on your actual job duties and responsibilities. In order to better understand where you pertain as an employee, the federal government uses a multi-factor test to determine if a worker has been properly classified as an independent contractor. You may be an employee and not an independent contractor if:
- The company you work for exerts a high level of control over the work you do e.g,. they control where, when, and how your work is done.
- Your employer sets your work hours. Meaning you do not have the freedom or flexibility to create your own schedule.
- The company provides the tools and materials needed to perform the job.
- You solely work/provide services for this company.
- What Am I Entitled to as a Worker/Employee?According to the Fair Labor Standards Act, once it has been determined that an employer-employee relationship does exist, and the employee is engaged in work that is subject to the FLSA, it is legally required that the said employee must be paid the Federal minimum wage of $7.25 per hour. In most cases, if the employee is subject to working overtime, employers are required to pay time and one-half of the employee's regular rate of pay for all hours worked in excess of 40 per week. Depending on your state laws, minimum wage, and overtime pay rates can vary, which you can discover more about your state here.
- What Other Companies Have Misclassification Lawsuits?Many other delivery companies like Shipt have been under fire in recent years, including DoorDash. These companies have faced lawsuits for similar actions against their workers. Recently, Instacart agreed to pay a settlement of $46.5 million for the city of San Diego over misclassified workers. Earlier this year, both Uber and Lyft were sued by Massachusetts for identifying drivers as contractors.
- Connect With a Morgan & Morgan Attorney TodayThe FLSA provides minimum wage and overtime pay protections to nearly all workers in the U.S. In order to work around this system, employers will often incorrectly treat workers who are employees and label them as independent contractors. This is known as misclassification. If you are misclassified as an independent contractor by your employer, they may be trying to deny you the benefits and protections to which you are legally entitled to. If you think you or someone you know has been misclassified by Shipt, it is important that you talk to an attorney to see if you've been cheated out of overtime wages. Do not hesitate to contact us. For more information regarding the Shipt lawsuit and to see if you are eligible for compensation, you can contact Morgan & Morgan today by completing our free, no-obligation case evaluation form today.
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