Employee Misclassification in Miami, FL
Being called an independent contractor does not necessarily mean you are one under the law. When a company controls how, when, and where you work but pays you as a contractor, you may be misclassified and missing out on overtime or minimum wage protections. Misclassification can also affect taxes, workers’ compensation, and other workplace rights.
At BT Law Group, PLLC, Miami wage and hour attorneys Jason D. Berkowitz and Anisley Tarragona represent workers in employee misclassification and unpaid wage matters. They review how employers control a worker’s schedule, duties, pay, and working conditions to determine whether the employee may have been improperly classified. When misclassification results in unpaid wages or overtime, our team helps employees understand their legal options.
This guide covers how employee misclassification is determined, common warning signs, potential compensation, and the steps workers can take to protect their rights.
Think you may have been misclassified as an independent contractor? Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation with an experienced Miami employee misclassification attorney.
Find Out If You Have a Case
Complete Our Confidential Form
Our Results
What Is Employee Misclassification Under Federal and Florida Law?
Employee misclassification occurs when a company treats a worker who legally qualifies as an employee as an independent contractor. This can affect the worker’s right to minimum wage and overtime and can also create tax, workers’ compensation, and benefit issues.
Under the Fair Labor Standards Act (FLSA), covered, nonexempt employees are entitled to the applicable minimum wage and overtime at one and one-half times their regular rate for hours worked over 40 in a workweek. Independent contractors do not receive these FLSA wage protections. Florida does not have a state counterpart to the FLSA’s 40-hour weekly overtime rule.
A contractor agreement, Form 1099, or other label does not determine a worker’s legal status. Courts look at the actual working relationship, including how the work is performed and the degree of independence the worker has.
Key Takeaway: Whether someone is an employee or independent contractor depends on the actual working relationship, not simply the label or tax form the company uses.
If you are paid as an independent contractor but believe your work qualifies you as an employee, BT Law Group, PLLC can review your working relationship and wage records. Call (305) 507-8506 to discuss your situation and learn what options are available.
What Our Clients Say
Now that my case has been finalized, I would like to take this opportunity to publicly express my sincere admiration and gratitude to Anisley Tarragona and Jason Berkowitz for their outstanding professionalism and superb legal expertise applied…
Hiram V.
I can’t speak highly enough of my experience with Anisley and team at BT Law Group. I was in a very vulnerable position being laid off from my corporate job of 10 years at 8 months pregnant. The team asked all of the right questions with a very…
Katharine S.
I recently found myself in the midst of an employment and labor dispute crisis, desperately seeking legal assistance to navigate the complexities of the situation. After screening multiple firms, I was fortunate to discover BT Law Group…
Marc O.
From start to finish, they were incredibly skilled, knowledgeable, compassionate and supportive. Their expertise gave me confidence at every stage, and their dedication could be seen throughout the entire case. They explained every step in clear terms…
Sammy E.
I was very pleased with my experience with BT Law group. Both Jason and Anisley were professional and answered all my questions. They believed in me and my case and for that I am forever grateful. Jason fought for me and justice was served. I recommend…
Allycia C.
How Do Courts Decide If You're an Employee or Contractor?
Courts use the economic realities test to determine whether a worker is economically dependent on a business or is operating an independent business. No single factor determines the outcome; courts consider the working relationship as a whole.
The Department of Labor’s 2024 rule outlines six factors for evaluating worker status. The Department stopped applying these factors in its own investigations on May 1, 2025, and proposed a replacement in February 2026, but the 2024 rule remains relevant in private litigation while that rulemaking is pending.
The economic realities test factors:
- Opportunity for profit or loss: Does the worker make business decisions involving pricing, marketing, or other factors that can produce a profit or loss? Simply working more hours for a set rate does not show this type of opportunity.
- Investments by the worker and company: Does the worker invest in equipment or resources that support an independent business, or does the company provide the tools, vehicles, software, and workspace needed for the job?
- Degree of permanence: Is the working relationship ongoing and indefinite, or is the worker hired for a specific project or limited period?
- Nature and degree of control: Who sets the schedule, supervises the work, determines prices, and controls whether the worker can provide services to other businesses?
- Integral part of the business: Is the work necessary to the company’s primary business, such as framing for a construction company or driving for a delivery service?
- Skill and initiative: Does the worker use business skills and initiative to find clients and grow an independent operation, or does the company assign the work?
The same facts can point toward employee or independent-contractor status depending on how the working relationship operates:
| Factor | Points Toward Employee | Points Toward Contractor |
|---|---|---|
| Control over schedule | Company sets shifts and start and end times | Worker controls when to work |
| Equipment and tools | Company provides vehicles, tools, or equipment | Worker owns and maintains business equipment |
| Client base | Worker depends on one company for work | Worker serves multiple clients |
| Profit and loss | Worker receives a fixed hourly or daily rate | Worker sets prices and bids for jobs |
| Relationship length | Work is ongoing and indefinite | Work is tied to a defined project or period |
Worker classification depends on the facts of the relationship, so a contract or 1099 alone does not provide the answer. Call BT Law Group, PLLC at (305) 507-8506 to discuss how the economic realities factors apply to your work situation.
What Are the Warning Signs of Misclassification in Miami?
Misclassification often involves a company treating a worker like an employee while paying that person as an independent contractor. The following signs can indicate that the working relationship does not match the contractor label:
- You receive a 1099 instead of a W-2 while performing the same or similar work as employees.
- The company sets your schedule, including your start times, shift length, and required workdays.
- You use company equipment, such as trucks, tools, tablets, point-of-sale systems, or uniforms.
- You work for one company and are discouraged or prohibited from taking work from others.
- You receive a fixed hourly or daily rate without the ability to set prices, bid for work, or increase profits through business decisions.
- Your recorded hours stop at 40, even though you regularly work additional hours.
- Your work is part of the company’s core business rather than a separate service provided by an independent business.
No single warning sign proves that a worker has been misclassified. The totality of the working relationship, including the company’s control over the work and the worker’s level of independence, determines whether the contractor classification is appropriate.
Concerned that your work arrangement does not match your independent-contractor status? Call BT Law Group, PLLC at (305) 507-8506 to discuss your working conditions and whether you have a claim for unpaid wages.
Why Do Miami Employers Misclassify Workers?
Misclassifying employees as independent contractors can reduce labor costs by avoiding expenses tied to overtime, employment taxes, unemployment contributions, and workers’ compensation. Some employers make classification errors because they misunderstand the rules, while others deliberately use contractor status to reduce these costs.
Intent does not determine whether a worker qualifies as an employee under the Fair Labor Standards Act (FLSA). However, a willful violation can extend the time to recover unpaid wages from two years to three years, while an employer’s good faith can affect the award of liquidated damages.
BT Law Group, PLLC helps employees determine whether their contractor classification reflects how they actually perform their jobs. To discuss your work arrangement and unpaid wage concerns, call (305) 507-8506.
What Compensation Can You Recover for Misclassification?
Misclassification alone does not create a right to compensation under the Fair Labor Standards Act (FLSA). When misclassification results in a covered, nonexempt employee receiving less than the required minimum wage or overtime pay, the worker can seek compensation for those unpaid wages and other available remedies.
The amount you can recover depends on your pay rate, hours worked, compensation already received, and the circumstances of the wage violation. Available remedies can include:
- Unpaid minimum wages: The difference between the wages you received and the applicable minimum wage for covered hours worked.
- Unpaid overtime: The additional compensation needed to bring overtime pay to one and one-half times your regular rate for hours worked over 40 in a workweek, taking into account compensation already paid.
- Liquidated damages: An additional amount equal to unpaid minimum wages and overtime, unless the employer establishes the required good-faith defense.
- Attorney’s fees and costs: A prevailing employee is entitled to reasonable attorney’s fees and costs under the FLSA. In a Florida unpaid-wage action, Florida Statute § 448.08 permits a court to award reasonable attorney’s fees and costs to the prevailing party.
Tax and benefit issues are separate from FLSA wage damages. Workers treated as independent contractors can have remedies through Internal Revenue Service procedures, while claims involving denied benefits depend on the applicable benefit plan and other laws.
BT Law Group, PLLC can assess your pay and work records to determine what unpaid wages could be recoverable. Call (305) 507-8506 to discuss your compensation and the next steps for pursuing a claim.
Employee Wage and Hour Attorneys in Miami - BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz represents workers in wage and hour disputes, employee misclassification cases, retaliation claims, and other employment matters. Before founding the firm, he was a partner in the Miami office of a national labor and employment firm that exclusively represented the management’s side, including Fortune 100 companies.
Jason earned his J.D. cum laude from the University of Miami School of Law and his B.A. from Tufts University. He is admitted to practice in all three U.S. District Courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit. He litigates employment matters in state and federal courts and before administrative agencies and arbitration tribunals.
Anisley Tarragona, Esq.
Anisley Tarragona represents employees in workplace disputes involving unpaid wages, employee misclassification, discrimination, retaliation, and wrongful termination. She litigates and tries cases in state and federal courts and handles matters before administrative agencies and arbitration tribunals.
Anisley earned her J.D. from the University of Miami School of Law and is admitted to practice in Florida, all three U.S. District Courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Before founding BT Law Group, PLLC, she represented management at a national labor and employment firm, gaining experience handling workplace disputes from the employer side. Anisley is fluent in Spanish and works directly with Spanish-speaking clients.
Connect With Our Team Now
Thorough Case Evaluation – 100% Confidential
What Should You Do If You Suspect Misclassification?
Start by preserving records that show how you were paid, the hours you worked, and how the company controlled your work. These documents can help establish what your working relationship looks like in practice. Consider taking the following steps:
- Save your pay records: Keep your W2s/1099s, invoices, check stubs, direct deposit records, and payment app records.
- Track your hours: Record your daily start and end times, along with unpaid breaks, and keep these records outside company systems.
- Document your duties and working conditions: Save schedules, work-related text messages, training materials, dress code requirements, and app notifications that you are entitled to keep.
- Identify comparable coworkers: Note coworkers who perform similar duties but receive a W-2, along with the names of relevant supervisors.
- Talk with an attorney before confronting your employer: Understanding your rights first can help you decide how to address the classification issue without taking steps that could complicate your claim.
Do not remove confidential company files or access systems without authorization. Preserve only records you already possess or are legally entitled to keep.
Keeping the right records can make it easier to show how your work was structured and how you were paid. Call BT Law Group, PLLC at (305) 507-8506 to discuss your concerns and the steps you can take to protect your wage claim.
Learn More
Can Your Employer Retaliate for Reporting Misclassification?
No. Federal law prohibits retaliation against employees who assert rights protected by the Fair Labor Standards Act (FLSA). Under 29 U.S.C. § 215(a)(3), an employer cannot fire or otherwise discriminate against an employee for filing a complaint or participating in an FLSA proceeding. Protected activity can include qualifying oral, written, and internal complaints to an employer.
Retaliation is not limited to termination. It can include reduced hours, removal from the schedule, demotion, unwarranted discipline, an unfavorable route or shift change, or removal from an app platform when the action is connected to a protected complaint. Available remedies can include reinstatement, lost wages, and liquidated damages.
Document any changes in your treatment after raising a wage or classification concern. Keep records of dates, schedule changes, disciplinary actions, messages, and the people involved so you have a clear timeline of what occurred.
A sudden change in your hours, schedule, duties, or employment after raising a wage concern should be documented and addressed promptly. Call BT Law Group, PLLC at (305) 507-8506 to discuss what happened and the legal options available to you.
How Long Do You Have to File a Misclassification Claim in Florida?
For claims under the Fair Labor Standards Act (FLSA), the statute of limitations is two years, or three years for a willful violation, under 29 U.S.C. § 255(a). The deadline applies to claims for unpaid minimum wages and overtime under the FLSA resulting from misclassification.
The limitations period does not give every worker two or three years of wages automatically. Each unpaid workweek has its own deadline, so older wages can fall outside the recoverable period as time passes. Filing sooner can preserve more of the compensation at issue.
The three-year period applies when an employer’s violation is willful. Willfulness involves an employer knowing its conduct violated the FLSA or acting with reckless disregard for whether it complied with the law. Evidence such as previous Department of Labor investigations, employee complaints, or internal warnings about wage practices can help establish this standard.
Other claims connected to misclassification can have different filing deadlines, so the FLSA limitations period does not necessarily control every legal issue arising from a worker’s classification.
Waiting to address unpaid wages can reduce the period for which compensation can be recovered. Call BT Law Group, PLLC at (305) 507-8506 to discuss when the pay issue began and which filing deadlines apply to your situation.
Service Areas
BT Law Group, PLLC represents workers in misclassification and wage matters throughout Miami and Miami-Dade County, including Brickell, Downtown Miami, Little Havana, Wynwood, Edgewater, Coral Gables, Coconut Grove, Doral, Hialeah, Miami Beach, North Miami, Kendall, Homestead, and Miami Lakes. The firm assists workers across industries such as construction, hospitality, delivery, warehousing, health care, and home care.
Our team also serves workers throughout Florida, including Broward and Palm Beach counties. Many wage and misclassification matters can be handled by phone and email, allowing workers outside Miami to discuss their concerns without traveling to the firm’s office.
Get Legal Help for Employee Misclassification in Miami
Being paid on Form 1099 does not automatically make you an independent contractor. If your working relationship shows that you should be classified as an employee, you could be entitled to unpaid minimum wages or overtime. Misclassification can also affect taxes, workers’ compensation coverage, and workplace benefits.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC help workers understand how their job duties, pay structure, and working conditions affect their classification. Our team handles wage and hour matters involving unpaid overtime, minimum-wage violations, and other issues connected to worker misclassification.
Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation and the compensation you could be owed. We represent employees throughout Miami-Dade County and across Florida.
Frequently Asked Questions About Employee Misclassification in Miami
What’s the difference between an employee and an independent contractor?
Employees depend on an employer for work, while independent contractors operate their own businesses. Courts examine the economic realities of the working relationship, including control, opportunity for profit or loss, investment, permanence, skill and initiative, and whether the work is integral to the business.
Can I be misclassified even if I signed a contractor agreement?
Yes. Signing an independent contractor agreement does not determine your status under the FLSA. Courts look at how the working relationship operates in practice, including who controls your schedule, provides equipment, directs your work, and determines how you are paid.
Will filing a claim affect my current job?
Federal law prohibits employers from retaliating against employees for asserting protected FLSA rights. Retaliation can include termination, reduced hours, unfavorable schedule changes, or discipline, so document any changes in your treatment after raising a wage complaint.
Do gig workers in Miami qualify for employee protections?
Gig workers can qualify for employee protections when the facts of their working relationship establish employee status under the applicable FLSA economic realities framework. Factors such as control over assignments, pricing, schedules, customer relationships, and the worker’s opportunity for profit or loss can affect the determination.
How long does a misclassification case take to resolve?
There is no fixed timeline for resolving a misclassification or wage case. Some disputes are resolved through pre-suit negotiations, while cases that proceed to litigation can take longer depending on discovery, disputed issues, motions, settlement negotiations, and the court’s schedule.
