Employment law news reveals that a large mining company will be required to pay $4.5 million in back pay to several current and former workers as the result of several wage and hour violations. According to reports, the company made several errors – including misclassifying workers as independent contractors rather than employees. Misclassification of employees is one of the most frequent errors/violations that employers make and often leads to deserving employees missing out on significant overtime pay.
Misclassification generally occurs in one of two ways, either a employers erroneously categorize their employees as independent contractors or as exempt when they should be non-exempt.
If you have questions about whether you have been “misclassified” by your employer, it’s a good idea to consult with a skilled Atlanta wage and hour attorney right away.
Typically, the issue of whether a worker is an independent contractor or not focuses on the degree of control exercised by the worker vs. the employer concerning how the essential functions of the job are performed. A more involved analysis is often necessary to determine whether a job fits into an exempt category.
The settlement covers the period from 2012 to 2014. In all, 5,310 workers will collect $4,498,547.
For more information or if you have questions concerning whether you are receiving the overtime compensation you are entitled to, please contact the experienced Georgia FLSA lawyers at Buckley Beal LLP for an immediate case evaluation.