Why Choose Us?

Mitchell, Sheahan & Slippen, P.C. helps employees understand whether they have been classified correctly and what legal options may be available. Our team provides clear, practical guidance for workers facing unpaid wages, overtime issues, lost benefits, or improper contractor classification.

  • Trusted employment law guidance for Connecticut and New York employees
  • Personalized review of your work arrangement, pay records, and job duties
  • Representation for wage, overtime, and workplace rights disputes
  • Local service from a Stratford, CT based firm
  • Support for employees in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and surrounding areas

Employee misclassification can affect your wages, overtime rights, tax responsibilities, benefits, and job protections. If your employer calls you an independent contractor, pays you on a 1099, or treats you as exempt from overtime, that label may not be legally correct. Mitchell, Sheahan & Slippen, P.C. helps employees in Connecticut and New York evaluate classification issues and take informed steps to protect their rights.

What Is Employee Misclassification?

Employee misclassification happens when a worker is placed in the wrong legal category. This often occurs when an employer treats an employee as an independent contractor or labels a non-exempt worker as exempt from overtime. Misclassification can prevent workers from receiving minimum wage, overtime pay, benefits, unemployment protections, workers’ compensation coverage, and other workplace rights.

Employers may misclassify workers by mistake, because of unclear job arrangements, or to reduce labor costs. For employees, the result can be serious financial harm.

Common signs of employee misclassification include:

  • You receive a 1099 but work under company control
  • You are paid a salary but regularly work more than 40 hours without overtime
  • Your employer sets your schedule, assignments, and work methods
  • You perform the same work as employees but are called a contractor
  • You are denied benefits, paid leave, or workers’ compensation coverage
  • You cannot negotiate your own rates or operate as an independent business

Am I an Employee or an Independent Contractor?

You may be an employee if the company controls how, when, and where you work, even if you signed an independent contractor agreement. The legal test looks at the actual working relationship, not just the title your employer uses. A 1099 form does not automatically make you an independent contractor.

In Connecticut, worker classification often involves the ABC test. This generally asks whether:

  • The worker is free from the company’s direction and control
  • The work is outside the company’s usual business or place of business
  • The worker is customarily engaged in an independently established trade or business

If these requirements are not met, the worker may be legally treated as an employee.

In New York, classification also depends on the real nature of the work relationship. Factors may include control, independence, permanency, whether the worker operates a separate business, and whether the work is part of the employer’s regular operations.

What Is Exempt and Non-Exempt Employee Misclassification?

Exempt and non-exempt misclassification occurs when an employer incorrectly denies overtime pay. Non-exempt employees are generally entitled to overtime when they work more than 40 hours in a workweek. Exempt employees are not, but only if they meet specific legal requirements based on pay and job duties.

Being paid a salary does not automatically make you exempt. Job titles also do not control the answer. What matters is what you actually do at work.

Employees may be misclassified as exempt when they:

  • Have limited authority over business decisions
  • Do not manage other employees as a primary duty
  • Perform routine office, clerical, sales, service, or manual work
  • Lack meaningful discretion over important business matters
  • Are paid a salary but still perform non-exempt duties
  • Work long hours without overtime pay

What Rights Can Misclassified Employees Lose?

Misclassified employees may lose important wage and workplace protections. Depending on the facts, a misclassified worker may be denied overtime, minimum wage, unemployment benefits, workers’ compensation coverage, tax withholding, paid leave protections, and other employee rights.

Potential losses may include:

  • Unpaid overtime wages
  • Minimum wage shortfalls
  • Missed meal or rest period protections where applicable
  • Unemployment insurance coverage
  • Workers’ compensation protections after an injury
  • Employer payroll tax contributions
  • Employee benefits offered to properly classified workers
  • Legal protections tied to employee status

Misclassification can also shift costs onto workers. Independent contractors may be expected to pay self-employment taxes, buy their own insurance, cover business expenses, and absorb financial risks that employees typically do not bear alone.

Common Misclassification Issues

The most common employee misclassification issues involve independent contractor status and overtime exemptions. These disputes often arise when the employer’s paperwork does not match the actual work arrangement.

Common misclassification issues include:

  • Classifying full-time workers as independent contractors
  • Paying workers with 1099 forms instead of W-2 wages
  • Denying overtime to salaried employees who do not meet exemption requirements
  • Treating gig, delivery, sales, healthcare, construction, or service workers as contractors
  • Requiring workers to follow employee-like rules while denying employee protections
  • Mislabeling assistant managers or office employees as exempt
  • Denying benefits because of an incorrect worker classification

How Can I Tell If I Was Misclassified?

You may have been misclassified if your employer controls your work but denies you employee protections. The strongest signs often involve control, economic dependence, lack of business independence, and unpaid overtime.

The 5 steps to evaluate a possible misclassification claim are:

  1. Review how you are paid
    Look at whether you receive a W-2, 1099, salary, hourly wages, commissions, or a mix of payments.
  2. Compare your title to your actual duties
    Your legal status depends on what you do, not just your job title or contract language.
  3. Identify who controls the work
    Consider who sets your schedule, assigns tasks, supervises your work, provides tools, and controls the work process.
  4. Gather records
    Save pay stubs, 1099s, W-2s, schedules, emails, texts, contracts, time records, and job descriptions.
  5. Speak with an employment attorney
    A legal review can help determine whether your classification violates Connecticut, New York, or federal wage laws.

How Mitchell, Sheahan & Slippen, P.C. Can Assist

Mitchell, Sheahan & Slippen, P.C. helps employees understand their classification, evaluate unpaid wage issues, and pursue appropriate legal remedies. Our team reviews the full work relationship, including pay records, job duties, employer control, overtime hours, and written agreements.

We assist employees by:

  • Reviewing whether contractor classification is legally valid
  • Evaluating exempt and non-exempt overtime status
  • Identifying unpaid wage and overtime issues
  • Explaining employee rights under Connecticut, New York, and federal law
  • Communicating with employers when appropriate
  • Preparing claims for unpaid wages or related relief
  • Providing representation tailored to the employee’s goals and circumstances

Misclassification cases are fact-specific. We focus on clear advice, practical next steps, and careful protection of each client’s rights.

Contact Our Connecticut and New York Employee Misclassification Attorneys

Understanding and addressing misclassification issues is challenging. That’s where Mitchell, Sheahan & Slippen, P.C. comes in. Contact us today for effective representation and dependable service if you face a misclassification dispute.

Mitchell, Sheahan & Slippen, P.C., based in Stratford, CT, serves clients in Stratford, Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and NY.

FAQs

Can my employer call me an independent contractor if I work full time?

Not always. Full-time work controlled by the company may indicate employee status, even if you signed a contractor agreement or receive a 1099. The actual working relationship matters more than the label.

Does a salary mean I am not entitled to overtime?

No. A salary alone does not make an employee exempt from overtime. Your pay level and actual job duties must meet legal requirements before overtime can be denied.

What should I do if I think I was misclassified?

Start by saving pay records, schedules, contracts, job descriptions, messages, and time records. Then speak with an employment attorney who can review your duties, pay structure, and legal options.