Delivery Drivers Overtime: Independent Contractor Misclassification

With the Covid-19 pandemic, more than ever the world is depending on delivery drivers. But some drivers are not getting paid fully for working overtime. Companies have misclassified drivers as “independent contractors,” when they are actually employees so that they can avoid paying drivers time-and-a-half for overtime.

How Do I Know If I Should Be Classified As An Employee Rather Than An Independent Contractor?

Most states use the “economic realities” test to determine whether an employment relationship exists. Under this test, you are typically considered to be an employee if you are economically dependent on the company you work for, as opposed to being in business for yourself.

However, several states, including California, New Jersey and Massachusetts, use an alternative and more inclusive test, called the “ABC” test. Under this test, a worker is presumed to be an employee unless the hiring company can establish that the worker is free from its control, and performs work that is outside the scope of the hiring company’s usual business.

How Can We Help?

Our law firm is experienced in representing workers in unpaid overtime lawsuits. Typically, we bring these cases as a class action, so you won’t be fighting the company by yourself. You will have a team of lawyers representing you and your co-workers. And because we take these cases on a contingent-fee basis, there’s no cost to you. We don’t get paid unless we get money for you and the class.

What Should I Do Next?

If you believe that you have been misclassified as an independent contractor, fill out the form at the bottom of this page or call our office at 844-696-7492. One of our lawyers will contact you to schedule a free 30-minute consultation so that we can get your side of the story and evaluate your rights under the applicable state and federal wage and hour laws.