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Independent Contractors & Gig Workers

We've helped thousands of independent contractors and freelancers hold companies accountable when they're denied fair wages, benefits, and other protections under the law.

About 12 million Americans rely on independent contractor work as their main job, and many more do it part-time. But companies often misclassify them, knowingly and unknowingly, so they lose out on fair wages, overtime, and benefits.

 

The Pitfalls of Misclassification

When a company misclassifies a worker as an independent contractor instead of an employee, it strips away critical legal protections. This includes the right to minimum wage, overtime pay, unemployment insurance, and employer-provided benefits. 

Misclassified workers often bear the full burden of business expenses, from equipment and transportation to insurance and taxes. They may also be excluded from workplace protections like anti-discrimination laws and paid leave requirements. 

This misclassification can create financial instability, especially for workers in low-wage or app-based roles. Many lose thousands of dollars each year in unpaid wages, lost benefits, and out-of-pocket costs. 

The Reality Behind “Gig Work” 

Companies have popularized the term “gig work” to describe short-term, app-based, or freelance jobs. The label suggests flexibility and independence, but it often masks the reality of the work itself.

Many so-called “gig workers” are subject to strict rules, performance metrics, and scheduling requirements. They may be penalized for rejecting assignments or deactivated for speaking out. In practice, they function much like employees but without the legal protections employees receive.

This kind of misclassification is especially common among app-based workers, such as those who transport customers, food, or merchandise. It also disproportionately affects immigrants and low-income workers. 

Our Work

We represent independent contractors, across a wide variety of industries, who have been denied the pay and protections they deserve. Whether you’ve been underpaid despite working long hours or told the law doesn’t cover you, we’re here to help. 

We also advocate for stronger legal protections and participate in efforts to ensure that companies are held accountable for misclassification, especially when it harms vulnerable workers.

Framing the Issue

  • One of the perks for many independent contractors is “being your own boss.” But when a company dictates your schedule and how you do your job, you may actually be an employee.
  • Being an independent contractor means taking on risks and costs. This includes business expenses and benefits like paid time off, overtime, Social Security, unemployment insurance, and workers’ compensation. 
  • Being misclassified as an independent contractor can lead to a big financial hit. For example, misclassified truck drivers and construction workers can lose about $20,000 a year in pay and benefits.
  • Misclassification is especially rampant in low-wage jobs, where economic insecurity is a reality and workers are vulnerable to exploitation. 
  • Ultimately, employers are responsible for correctly classifying their workers, and they can’t unilaterally declare you’re an independent contractor. 

Notable Matters

  • Represented drivers in several cases against Lyft, Uber, and DoorDash alleging the companies’ decision to classify them as independent contractors denied them minimum wage, overtime, and rest and meal breaks.
  • Secured a $1.95 million settlement for Lyft drivers who alleged the company deceptively retained a percentage of the “prime time” surge fee it charged, even though it told customers the entire fee would go to drivers.
  • Secured a $1.75 million settlement in Gordon v. Michigan Logistics, Inc., a lawsuit alleging a logistics company should have paid overtime to truck drivers when they worked more than 40 hours a week.
  • Represented military and family life counselors who alleged in Baldini v. MHN Government Services that they’d been misclassified and denied overtime and related benefits for their work.

Has this happened

to you?

If you think you've been paid less than your owed or denied benefits you’re entitled to, we're ready to fight for your rights.

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