Working beyond scheduled hours—without pay—often happens quietly in workplaces. It's important to know that unpaid work is illegal under the Fair Labor Standards Act if you're non-exempt. Here's how to handle it. 1. What “Off-the-Clock” Work Means Activities like: Arriving early to prep Staying late to wrap up Checking work emails after hours are all compensable if required or expected. 2. Why It Happens Peer pressure from culture of “always-on” Employers hoping to save money Misunderstanding of classification rules 3. How the Law Protects You Non-exempt workers must be compensated for all time worked. This includes: Regular time Overtime (1.5x rate for above 40 hours a week) Breaks under 20 minutes, training, cleanup time 4. Steps to Take if It’s a Pattern Log all hours, even off-the-clock ones Bring it up with supervisor or HR File a complaint with U.S. Department of Labor Consider joining a class action or working wit...
Many workers—especially in gig economy jobs—are wrongly classified as independent contractors when they should be employees. Misclassification denies you crucial benefits like overtime, minimum wage, and tax protections. Here’s how to understand and challenge it.
1. Why It Matters
Employees receive:
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Minimum wage
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Overtime pay
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Workers' compensation
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Unemployment benefits
Contractors don’t have these protections and must handle their own taxes.
2. Tests Used to Determine Status
USCIS don’t apply here—labor law uses:
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Common law agency test: control over work
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Economic realities test (FLSA): degree of financial dependence
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ABC test (some states): freedom, independent work, different business
Three-part ABC test example (California):
A) Worker is free from control
B) Work performed outside usual business
C) Engaged in their own independent business
3. Signs You’re Misclassified
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Employer sets your schedules
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Uses company tools
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Cannot subcontract
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No ability to hire assistants
4. What You Can Do
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Talk to HR or manager
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Document your work conditions
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Request official status correction
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File complaint with Department of Labor or state labor board
5. Legal Consequences
Employers found misclassifying must pay back wages, taxes, interest—and penalties.
Final Take
If your work resembles that of an employee, you might be misclassified. Recognizing the signs is the first step toward getting fair treatment and legal protections.
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