Ferraro Vega Employment Lawyers can help you if you’re not being classified correctly by your employer in Minnesota. The reason employers do this isn’t complicated: they do it to get around laws that give you overtime pay and other benefits. When that happens to you, it feels isolating. But you don’t have to face it alone. We’ll be there to guide you. Set up a free consultation today.
Does a Lawyer Make Sense For Me?
It’s easy to think misclassification is just a title or paperwork issue. But the reality is that when your employer misclassifies you, it usually brings very real problems that you then have to deal with. And it ultimately doesn’t matter why they do it. When it happens, you feel isolated and worse, you’re missing out on things you should be getting under the law.
It’s a lot to deal with, and that’s when talking to our team starts making more sense. We can:
- Explain how Minnesota and federal wage laws apply to your situation
- Review your job duties, pay structure, hours, and records
- Help you figure out if your classification matches the work you actually do
- Pull together the information needed to support your claim.
- Handle the back-and-forth with your employer and help you understand your next steps.
- Help you with a claim if your employer won’t correct the problem
You shouldn’t have to accept losing wages or protections because of something you had no control over. But that’s exactly what happens when your employee misclassifies you. At the same time, it’s hard to know it’s even happening sometimes.
How Do Employers Misclassify Workers in Minnesota?
One of the things that makes misclassification so tough is that you won’t catch it until it’s too late—if at all. And while every situation is different, there’s a few common ways that employers throughout Minnesota misclassify workers:
- Calling an employee an independent contractor. This is one of the most common types of misclassification we see. Sometimes employers do this because it’s easier or less expensive, but calling someone a “contractor” doesn’t automatically make it true. What matters is how the job actually works—who controls your schedule, who directs your work, and how much independence you really have.
- Calling someone exempt when they should be receiving overtime.. Some employees are told they don’t qualify for overtime because they’re paid a salary or have a certain job title. But that’s not the whole story. Being salaried or having a title like “manager” doesn’t automatically mean you’re exempt. Your actual job duties are what matter.
- Treating someone like an employee while calling them something else.. Sometimes the biggest clue is how your employer treats you day-to-day. If they set your schedule, assign your tasks, control how you perform your work, and expect you to follow company rules, you may be an employee under the law—even if your employer calls you a contractor or uses another title.
These things can happen in any industry, but again, the key is whether or not it’s a pattern. That takes a closer look at the particular situation you’re in, and in order to do that, it’s helpful to look at the baseline information.
Information That Can Help You Figure Out If You’re Being Misclassified
Like a lot of employment law situations, you’ll likely feel like something is off if you think you’re being misclassified. And given what misclassification entails, there’s a few things you can look at to try to see a clearer picture:
- Pay stubs, W-2s, or 1099 forms typically show how your employer classified you and how you were paid.
- Schedules and time records that show the hours you worked and whether you regularly worked overtime.
- Job descriptions and workplace policies. Compare what your employer says your role involves with the work you actually perform.
- Emails, texts, and messages from supervisors about schedules, assignments, deadlines, and expectations
. - Employee handbooks and company rules are another way to show how your employer treated you differently.
- Information from coworkers that can confirm how the job was structured and whether similar issues affected others.
You don’t need to have every piece of information to tell you that you’re being misclassified. And usually, just a few paystubs and emails is enough to get the ball rolling. However, even having seemingly bulletproof evidence doesn’t fix things. It often takes further steps on your part.
Claims Options For Misclassification in Minnesota
It’s obviously frustrating to be misclassified. But more than that, it’s isolating. You feel alone and helpless, but that’s not the way the law works. Instead, it gives you certain options for making things right. These include:
- Talking with your employer. Sometimes classification problems happen because of mistakes or misunderstandings. If you’re comfortable, you can ask your bosses or HR department for answers and a resolution.
- Filing an administrative complaint. If things continue on, the next step is usually filing an administrative complaint with the Minnesota Department of Labor and Industry (DLI). This is the state agency that enforces workplace laws. They can investigate and order your employer to fix the issue.
- Filing a lawsuit. If your employer refuses to correct the problem, you may have the option of going to court with a civil lawsuit. It takes courage, but it’s a stronger option. It gives you a chance at getting back “damages” for your:
- Unpaid wages and overtime.
- Additional damages available under wage laws.
- Attorney’s fees and court costs.
A lot of the time, misclassification affects more than one person in your workplace. That can open up a potential class action lawsuit, where you all band together with a joint claim.
Minnesota generally gives employees two years to bring most wage claims, or three years if the violation was willful. Because evidence can become harder to get over time, it’s usually better not to wait if you believe you’ve been misclassified.
Get Help From Ferraro Vega Employment Lawyers If You’re Misclassified in Minnesota
You never want to be in a situation where your pay doesn’t match the work you’re doing every day. But when your employer misclassifies you as an independent contractor, that’s exactly what happens. At Ferraro Vega Employment Lawyers, our Minnesota employment lawyers will be there to help you understand your rights and guide you through the process of getting things back on track. Set up a free consultation today.
