Have you been treated like an independent contractor even though you work like a regular employee in Phoenix, Arizona? You may have been misclassified, which could mean you’re missing out on important legal benefits. Houk Employment Attorneys can help you fight back and recover what you’re owed under the law.
We have 45 years of combined experience and have recovered millions of dollars for wrongfully treated workers in the area. With those qualifications in mind, our Phoenix employee misclassification lawyers know how to hold employers accountable in these cases.
Contact our law offices today at (480) 680-9582 to schedule an initial consultation. We can prioritize your case and do everything we can to secure the best outcome under the law.
How Houk Employment Attorneys Can Help With Your Employee Misclassification Claim in Phoenix, AZ
Employers often misclassify workers to save money. By labeling employees as “independent contractors,” they can potentially avoid paying things like overtime and payroll taxes. However, this practice is illegal, and you have the right to take action against this and other potentially unlawful wage and hour disputes with your employer. Houk Employment Attorneys can help.
When you hire our Phoenix wage and hour dispute lawyers, we can:
- Review your job duties and work conditions to determine if misclassification occurred
- Gather evidence such as pay records, contracts, and communications
- Identify all relevant federal and state employment law violations
- File claims with the U.S. Department of Labor and the Arizona Industrial Commission when appropriate
- Negotiate directly with your employer for fair back pay and benefits
- Represent you in court if your employer refuses to comply
Our legal team knows what it takes to get successful results. Contact our Phoenix employment lawyers today to learn more.
What Is Employee Misclassification?
Employee misclassification happens when a company treats a worker as an independent contractor instead of a regular employee, even though the worker meets the legal definition of an employee.
The difference matters because employees are protected by labor laws, such as:
- The Fair Labor Standards Act (FLSA)
- Arizona Labor Code
- Federal and state tax laws
- Workers’ compensation and unemployment programs
Independent contractors, on the other hand, generally do not receive these protections.
Courts and agencies look at multiple factors to determine whether someone is truly an independent contractor, including:
- The degree of control the company has over your schedule and work tasks
- Whether you provide your own tools or equipment
- How you’re paid (hourly wage versus per-project rate)
- Whether your work is part of the company’s core business operations
- The permanence of your working relationship
If your employer directs your daily work and pays you like an employee, yet classifies you as a contractor, you may be owed substantial compensation. Our Phoenix wage and hour dispute attorneys can help you recover unpaid wages, overtime, and other damages.
What Compensation Can I Recover in a Phoenix Employee Misclassification Case?
If you’ve been misclassified in Phoenix, you may be entitled to recover several types of damages depending on the facts and circumstances of the case.
You could recover:
- Unpaid wages and overtime: Compensation for every hour worked that you were not properly paid for under wage and hour laws
- Back pay and benefits: Payment for lost health insurance, vacation pay, and other benefits employees are entitled to
- Interest and penalties: Additional money owed by your employer for failing to pay wages on time
- Attorney’s fees and legal costs: Your employer may be required to pay these expenses if you win your case
In some cases, misclassification also violates federal tax or employment laws, which could entitle you to additional compensation and legal remedies.
How Long Do I Have to File an Employee Misclassification Claim in Arizona?
Under the Fair Labor Standards Act (FLSA), you generally have two years to file a claim for unpaid wages. If your employer willfully violated the law, that period may extend to three years.
State-level deadlines under Arizona law may differ slightly depending on the type of claim you bring. Since determining these timelines can be complicated, it’s best to consult with a Phoenix employment attorney as soon as possible after discovering that you were misclassified.
Contact Our Phoenix Employee Misclassification Attorneys for a Consultation
Employee misclassification is more than an accounting error; it’s a form of wage theft that costs workers significant sums of money every year. You deserve to be paid fairly for the work you do, and Houk Employment Attorneys is here to help.
Call our office today or contact us online to schedule a consultation with a Phoenix employee misclassification lawyer. We can help you stand up for your rights and secure the justice you deserve.
