ClassAction.org - Latest Comments in Employee Misclassification - Class Action - Class Action Lawsuit

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Nicole — Wed, 01 Apr 2026 12:38:20 -0000

I'm finding small businesses doing the 1099 route more than ever, especially with the trades. no benefits, no overtime, but still treated like an employees. totally illegal, but no one's stopping it.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Kylea Perrott — Thu, 25 Sep 2025 23:36:38 -0000

CVS purposely incorrectly re-classified a ton of Aetna engineers as managers so they could pay them as salaried employees, rather than hourly, which would require them to pay over time. I personally know someone who was a Senior Systems Engineer, but after CVS bought Aetna, CVS changed his title to Manager so they could pay him salary, rather than hourly, which would have required them to pay him over time. Mind you, the FLSA requires an employee classified as a manager to have at least two people under them who they manage and he had ZERO.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Brenda Martinez — Sun, 03 Aug 2025 06:35:10 -0000

Yeah my husband made just over $1 per hour, no benefits, the owner still owes us money

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Brenda Martinez — Sun, 03 Aug 2025 06:28:56 -0000

Tried to sue my husbands former employer for this but it wasnt accepted i guess. When your given a 1099 thats what your stuck with apparently. Lawyers like the giant corporations not the smaller companies.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Teresa Carolla — Fri, 28 Mar 2025 11:32:46 -0000

Whirlpool made it mandatory that we complete calls and stay until last one finished everyday. Instead of paying overtime, they gave us a longer lunch on Fridays of the same week. Sometimes it would be several hours.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Morena Bauer — Wed, 05 Mar 2025 18:02:26 -0000

Amazon. You need to go after Amazon. They abuse ALL rules of being an Employee vs. Contract.
Go after Amazon. You'll have thousands of us who work Flex, with a thousand rules, hundreds of pages of training, requirements, being "late", being "written up", not being paid, no benefits, no holidays, no vacation, no medical insurance, having rules for driving your own car, etc.
Go after Amazon. They laid off their actual employees in order to skirt the system, ignore the rules, pay 1099 Flex workers as IC's, when everything about the work is a JOB.
They are absolutely abusing this systems. You've got thousands & thousands of us in the U.S.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Shirley H — Sat, 25 Jan 2025 18:14:54 -0000

Yeah, that is across the US. And are a OTR driver. And has been for at least 40 years. Everyone thinks, truckers made great money! And when you figure it out miles paid X hours truly worked, it was about $2.00 a hour. Cause we didn't get paid for times sitting at docks, washes or washouts, breakdowns, waiting for load info, weather shutdowns, waiting times to get into docks, even though we had appointments, traffic jams, waiting for accidents, repairing your own truck, sweeping trailers, dealing with dot, and other stupid people, all the paperwork. And everything else, we had to do for them for free. Cause it, can't be logged. Or you would have, no drive time left! And even though you're worn out, you still have to drive 11 hours work 14. And when you finally quit, they owe you 5k and you ain't getting your last 2 paychecks and probably your way home trip. And you can forget about your toll money, scales, lumper fees you paid cash for, or parts money, you put out for the past month. Trucking is sooooo illegal. But you do it, cause you need the job to pay your families bills & make up what was stolen from your last trucking job. And don't work for a trucking company out of NV. You won't get back pay even with all the proof, and no lawyer will take it to court and you don't get unemployment cause your home addresses in NV you live it Ohio. But not really cause you live in your truck, cause they never get you home!

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Shirley H — Sat, 25 Jan 2025 18:12:48 -0000

Keep everything written down for unemployment. You are legally allowed to apply for. When you can't find another job. Even though you apply for a total of 2 other jobs a week and don't get them. And your payment is paid from him for 6 months. No matter if he closed the business or not. with 1 week waiting week for free. And it doesn't matter if it's a right to work state or not. But I'd go after the real pay with fair labor standards act and small claims court on him.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Catherine — Fri, 27 Dec 2024 01:00:00 -0000

I worked as a "Part time Seasonal" for a retail company with full time hours, full time responsibilities, full time title, and trained with the intention of having me work there long term. I would work for 10 hours straight with no lunch or breaks and be forced to stand throughout my shift. When I asked why I wasn't getting paid the same amount as a full time would and why I wasn't getting any benefits that a full time position would, I was told that it's because I was a Seasonal. They abused the system by labeling me as seasonal so they could use me without needing to compensate for full time pay and benefits and get away with it. I will never work there again.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Debbie — Thu, 08 Aug 2024 14:46:07 -0000

I work as a remote title examiner and paid salary with no overtime. I do not supervise anyone or do managerial work.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Carol Henton — Tue, 28 May 2024 23:27:50 -0000

I was just working a job like this and they would get upset when I would tell them I refuse to work seven days a week because their breaking EEOC laws.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Sherrie Gerdon — Wed, 15 Nov 2023 23:45:24 -0000

I worked as a salaried manager for a well-known neighborhood bar and grill. The salary required a 50 hour work week. However, I found myself working an average of 60 hours weekly. Furthermore, there is the option of not being a full time employee, and receiving an hourly wage. A lot of individuals who were not categorized as a manager (they were a manager on duty, and titled a team lead) were provided with an hourly wage that also included overtime. Though these employees were not, as dictated by corporate policy, the person in charge of the restaurants operations. They were paid a significant hourly wage and received overtime. Furthermore, the actual functions described in the role of a manager, due to at times length of employment and allowed behavior, had authority in decision making far more superior than mine, even as the manager, which was known by every employee that worked at that location
Basically l, they opted out of a salaried position and received the wage increase, and payment for every second they were at work.
I calculate I would have received 240 hours of work all of which would be paid at an overtime rate of $30 /hour.
The defense is that the federal law does not require overtime payment if it is a salaried position, unless however, the I dividual can prove that the salaried position was NOT a position of authority in which individuals in an hourly rate of pay had higher authority. This is definitely and easily proven at the location I was employed at.

Are there any other Manager or Team leads with similar knowledge or encountered this situation. I just would like to know if this is an isolated outbreak at this tree that Johnny planted seeds to grow only in my neighborhood restaurant.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Debbie Smith — Sat, 02 Sep 2023 13:12:35 -0000

I worked for a company.As a tractor trailer driver.When I started I was hourly.After the first year they came to us(drivers) and gave us a paper to sign saying that we were not getting paid overtime cause we were now considered subcontractors.And we were only getting paid by the loads we hauled.But I also drove trucks that were paid by the hour.The drivers on those trucks were paid overtime.I worked 60 to 70 hrs a week and didn't get any overtime.They made me run two log books.They said if I got over 49 hrs on the roll off truck then I would get overtime. I argue with them saying that is illegal.They said sign the paper or fine a another job.I didn't have a choice.Was that llegal

Re: Employee Misclassification - Class Action - Class Action Lawsuit

CeeStyle — Sat, 22 Apr 2023 01:54:43 -0000

Did you sign up? And, I hope your situation improves.. I used to work for a hotel that had me sometimes work 14 overnights in a row but since I got paid bi-weekly, they said I don't qualify for overtime. Ridiculous.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Amanda Hebert — Tue, 11 Oct 2022 16:34:23 -0000

I ran a non-profit for 15yrs and wherever your working is 100% taking advantage of you, they are breaking the law & they are underpaying you. As someone who has hired many staff & ran a non-profit, they should be taking care of you & be incredibly grateful that they found someone who loves their job & continues to stay!! You mentioned their “reason” for classifying your position the way they did was due to high turnover, well it is obvious your not going anywhere! So they NEED TO PAY YOU!!!!

Your entitled to overtime, after 40hrs a week or after 8hrs a day (depending on what they follow systematically with their payroll structure). Your also entitled to health insurance, paid sick time & any other benefits their full time staff gets!! It is beyond frustrating to learn when an organization has found someone who loves being part of the team, yet they continue to disrespect them & do this ILLEGAL actions!!

Lastly, you said you didn’t want to report this abuse, out of fear of loosing your job, well good news! YOUR PROTECTED!! It’s very very illegal for a company to retaliate against an employee for reporting intentional wrongdoing. I’d go on to explain even if they are doing this completely un-intentionally, you still can not be held liable for their stupidity or their greed!! I’d be curious to see what the directors of that non-profit make annually, if they give themselves bonuses, what their benefits package looks like, and if their
sick & vacation time is monitored by someone overseeing them?!

My advise would be to keep your own records, I’ve had shady directors falsify documents when questioned by our state!! You can also report them anonymously, and you could also reach out to a member of the board of directors to report this first. (Depending on the relationship Btwn the executive directors & the board of directors who oversee the larger bigger picture kind of stuff).

Last thing for real!!! Until you are paid fairly, the advice I urge you to really stay strong & follow through with is, ONLY WORK THE HOURS THEY ORIGINALLY CONTRACTED YOU FOR!!! Do not stay late to “get anything ready”. Do not chip in & help out doing other stuff that they didn’t initially hire you for. Maybe once all you do begins to fall apart, they will understand the gem they have there!!

Good luck!!! I

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Shawn Rouse — Mon, 06 Jun 2022 07:39:17 -0000

Independent Contractor indicates a worker is in business for themselves and can generate its own business outside of any one employer.
Assurance IQ uses ‘Silent treatment’ to coerce Insurance Agents they recruit into signing a Master Service Agreement designating them as Independent Contractors while prohibiting them to sell Medicare outside the Assurance IQ Platform.
Assurance IQ agents are ‘captive’ meaning they cannot sell Medicare outside of the Assurance IQ Platform. Also, Assurance IQ will not grant a worker’s release upon request. A release may take 6 months to acquire.
The FSLA Economic Reality Test: The test considers whether a worker is in business for himself or herself (independent contractor) or is instead economically dependent on an employer for work (employee).
The above 2 reasons alone make the worker economically dependent on Assurance IQ for work. Thus, the worker is not an independent contractor but rather an employee.
At best Assurance IQ agents would be classified as a defined by the IRS as Statutory Employee, which specifically states full-time Insurance agents being statutory employees. or a Zero Hour contracted employee.
Both of which are entitled to Minimum Wage and cannot be offered less than a regular employee. Assurance IQ is also required by law to record these hours which they failed to do so.
Assurance IQ’s Master Service Agreement is not a valid legal contract.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Tanya — Thu, 10 Mar 2022 13:23:52 -0000

I have been working full-time for a non-profit organization for the past 3 years. I was hired as a housekeeper and was told that i was the first housekeeper they would be hiring as contract labor due to high turnover. I am on a schedule where i work everyday that the company is open to the public which during our peak season (march-nov) is 6 sometimes 7 days a week for anywhere from 8-14 hours a day. For the first 8 hours of the day i am paid a set rate and every hour after that i am paid $2.50 less an hour than what my daily hourly average rate is. I dont bill them for services rendered and have been given daily assignments that have nothing to do with being a housekeeper over the last 2 years. I have mentioned more than once to at least 2 of the directors that i dont get paid overtime and could really use the health insurance but i feel like where i stay until close to or after midnight sometimes to complete everything that needs to get done that they arent concerned about changing my status to a fulltime or hourly employee. Everyone else gets sent home or given days off once they have reached a certain amount of overtime but i can work all the hours i need to because they are getting a deal by classifying me contract labor. Even though this has bothered me i have been reluctant to report it because i really do love working here and am afraid i will lose my job if i press it. I was also told by my supervisor that i was only benefitting from the situation because if i was a fulltime emplyee i would be getting paid way less per hour.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

WokeLady — Tue, 13 Oct 2020 12:48:29 -0000

I worked for Walmart in Herrin, Illinois from summer 2010 to March 2011. I hired on as a Sales Associate & was paid $8.15/hour. However, in August I trained as a cashier. Then through Christmas 2010, I worked as a cashier. It’s my understanding, on talking with cashiers at that store, I should have been making Cashier pay, which should’ve been somewhere around .40 more in the hour (don’t quote me on that figure) . It’s been a few years since then. When I mentioned it to the new manager at that time, he didn’t answer my questions but did pull me off Cashier & put me back on the floor as a Sales Associate. Can you tell me if I have a claim here that I can pursue?

Re: Employee Misclassification - Class Action - Class Action Lawsuit

croussin — Thu, 20 Feb 2020 18:36:46 -0000

As a former Paraprofessional am I able to collect compensation from the school districts I worked at, not paying me for extra time I had to wait past my usual quitting time to wait for school bus pickups. Our district only paid us 35 hours, even though our timecard showed differently.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

tatoavms — Tue, 01 Oct 2019 16:30:01 -0000

There was a lawsuit filed in the past about thid similar scenario with Farmers Insurance company. As claims adjusters in Michigan we filed a lawsuit for overtime pay and lost. Is there a smilarity or are we out of luck??? Thanks

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Dawn — Tue, 01 Oct 2019 01:07:47 -0000

Can you apply for Social Security Benefits?

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Dawn — Tue, 01 Oct 2019 01:04:50 -0000

09/30/19 - I worked at a few volunteer jobs in the past where I got no pay, but I was cheated out of well-deserved paychecks at my regular, paid job over the years in rather drastic ways sometimes. This included my SSDI or SSA monthly Checks some years back, when I had to stay in a group home for six months, plus one month's income security deposit, for a total of seven (7) months' SSDI Checks, from April to September, 2001. This, however, was following a broken leg when hit by a car in November of the year 2000, and I also never got any of a $374,000.00 lawsuit settlement for the broken leg. Additionally, I found myself working at the law firm that represented the State Farm Insurance Company which covered the driver that hit me with his car the previous year. I thus lost money when I had to resign my IL CSR license because of lack of funds to go on working and attend a seminar to renew my license. I also lost income because of time off for catastrophic illness, surgery, and recovery, with no sick pay. I further suffered extreme losses through auto theft & other property damage and loss. I also paid for health insurance but got none through my (self)-employment. How does one recoup one's loss of income through all these ways? It's some help that half of those places (the group home), some of the hospitals and churches I was in and attended, etc., have gone out of business, been razed to the ground, and are no longer there to be a painful reminder of past suffering and loss.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Tina Williams — Sun, 20 Jan 2019 15:53:13 -0000

My brother who passed away one year ago at 53 years of age was misclassified by a plumbing company he worked for. He requested the correction and was told if he wanted to keep his job, he wouldn't bring it up again. He wrote them a letter as well. He had a heart attack not to long after that, began at work, then after work taken to hospital. The stress of the job was hard on him because the demands of his time when he was classified as an independent contractor, yet had to arrive every day at 8:00 a.m. to answer phones and he wore the company uniform as well as drove a company vehicle to jobs, was not allowed breaks or overtime, simply had to run when a call came in and continue until the company said it was okay to go home. Because of this, he was denied benefits at a time he needed them most. He died two years later when he could have recovered if he had benefits, didn't fight homelessness because of not having benefits, he did not even receive his last paycheck. The employer sent 1099s each year to staff but DID NOT SEND THEM TO THE GOVERNMENT. We reported this firm to the agency that houses five departments of US Investigators working together to stop Foreigners who come to this country then do not pay taxes. He was even denied social security benefits when he was dieing of two comorbidities and his primary care doctor wrote a personal letter to SSI on his behalf. He died five days before the judge hearing. Is there any justice for this? He died such a horrible death and i can't tell you how hard it was on his family (me his sister also disabled who took him in and he slept on the sofa). It's horrible what happened, even two USC Keck Dr's laughed at me when I suggested they perform an obstructive sleep apnea test. When I could afford it later, the test not only proved he had obstructive sleep apnea, but so severe out of 7 hours he received only 3 in oxygen. It was too late by then. Had the doctors ran the test, he might still be alive today because it was a year before he died and the CPAP machine could have reversed the heart failure so they could work on the liver and intestonal problems but the heart prevented them from doing so.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

Christopher Henson — Sun, 03 Jun 2018 14:22:03 -0000

I work in a nursing and is required to work holidays and/or work another day that week to treat patients. My question is why can't I get time and half if I work the holiday.

Re: Employee Misclassification - Class Action - Class Action Lawsuit

kittybitch — Sun, 22 Apr 2018 12:03:18 -0000

Was hired as a manager. Worked from 7am to 8pm some days doing the wrok of a ustomer care representative. company took advantage of that.