Companies are willfully violating the FLSA by misclassifying hurricane cleanup workers as independent contractors and salaried exempt employees. What you need to know is that most if not all HURRICANE CLEANUP WORKERS or STORM RECOVERY WORKERS are employees under the law and required to be paid time overtime wages, or a premium for all hours worked over 40 in each and every workweek. If you are not being paid a premium for all overtime hours worked over 40 in each and every work week, and have or are now working as a hurricane cleanup worker or storm recovery worker, your employer is engaged in wage theft.
I NO matter what salary or wage a hurricane worker is paid, these positions or jobs FAIL to meet or satisfy the highly compensated exemption under the FLSA. Thus, there is no hourly rate, piece rate, day rate or salary high enough to exempt a hurricane clean up worker from being legally entitled to be paid a premium for every overtime hour worked.
Any company or employer paying such workers straight time for overtime or a salary in lieu of paying overtime wages is still an unlawful, intentional or willful pay practice.
II If you are being treated as an “independent contractor”, most probably you have been willfully misclassified, and no matter what contract you signed, a person cannot contract away your rights under the FLSA to overtime wages. You are thus likely entitled to workers compensation benefits, and all other benefits the company offers to its regular w-2 employees. Moreover, you can file an IRS form ss-8 to ask the IRS to reclassify you as an employee and thus require the employer to pay a share of the taxes you have incurred.
III Certain state or territory wage laws may also provide protections and additional compensation.
Call FELDMAN LEGAL GROUP AND ATTORNEY MITCHELL FELDMAN, ESQ. AT 1-855-638-4668 or submit your information using our Case Assessment form for a FREE and CONFIDENTIAL review, or email us at info@feldmanlegal.us.
PLEASE BE FOREWARNED THAT THE FAILURE TO ACT MAY COST YOU SUBSTANTIAL SUMS OF MONEY AS THE FLSA AND STATE WAGE LAWS PROVIDE LIMITED TIMES TO ACT AND PRESENT CLAIMS.
