Private members-only forum

worker Misclassification as Independent Contractor: LGBTQ+ — any advice?

Started by case_dismissed_69_12 · May 5, 2025 · 1,689 views · 7 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CD
case_dismissed_69_12 OP

I'm in a difficult situation and trying to figure out my next steps.

forced to work through lunch breaks. I've been dealing with this for about 14 weeks now and the situation isn't improving.

I have worked at this company for 7 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

Has anyone been through something similar? What worked for you?

LI
LitigatorAnna_4 Attorney

I specialize in this area of law. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, the FLSA and state wage laws. Your state may provide additional protections.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

TN
totally_not_spam_34

You could try handling it yourself but honestly a lawyer speeds things up 10x.

FP
fine_print_reader_9

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

WO
workinprogress_21

Following this thread — bump -- also need to know this

TD
TransactionalLaw_Dan_30

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

CD
case_dismissed_69_12

Oh god, another one of these.

What worked for me was having everything documented. It took 3-6 months but was worth it.

DN
daisy_nda_3

Check if your state has a "one-party consent" rule for recording conversations. If so, start documenting everything in writing — follow up verbal conversations with a summary email saying "per our conversation today..."