For many delivery and transportation workers, being labeled an “independent contractor” sounds harmless—until payday. Employers often use this classification to avoid paying overtime, benefits, and workers’ compensation. But when drivers function like employees, the law says they must be treated like employees. If you’ve been denied overtime because of misclassification, PLBH can help you document the violation and pursue the pay you’re owed.
Understanding Worker Misclassification
The difference between an employee and an independent contractor is defined by control. If your employer controls when, where, and how you work, you’re likely an employee—no matter what your contract says.
You may be misclassified if:
- You must follow company schedules or routes.
- The company provides your tools, vehicle, or uniform.
- You can’t set your own rates or negotiate pay.
- You work exclusively for one company.
- You are subject to discipline or performance reviews.
Misclassification allows employers to dodge taxes, overtime laws, and insurance obligations—but it’s illegal under both state and federal labor codes.
Why Misclassification Hurts Drivers
When companies misclassify drivers, they avoid paying for overtime, mileage, rest breaks, and benefits such as unemployment insurance or workers’ compensation. For drivers working 50–60 hours a week, those unpaid overtime wages can add up to thousands of dollars a year.
In some cases, companies even deduct “operating expenses” like fuel or maintenance, further reducing take-home pay.
PLBH can help you calculate the full amount you’re owed and recover wages lost due to unlawful classification practices.
How to Gather Evidence of Misclassification
Proving misclassification involves showing that your working conditions fit the legal definition of “employee.”
Key evidence includes:
- Copies of contracts or agreements labeling you an “independent contractor.”
- Pay statements or records showing unpaid overtime.
- Emails, texts, or schedules showing employer control over your work.
- Proof that you used company-owned vehicles, equipment, or uniforms.
- Testimony from other drivers in similar situations.
The more control your employer exercised over your day-to-day duties, the stronger your case becomes.
Filing an Overtime or Misclassification Claim
If you suspect misclassification, you have several options for filing a claim.
- Document all hours worked each day, including unpaid overtime.
- Report the violation to your state labor commissioner or the U.S. Department of Labor (DOL).
- Avoid signing any “independent contractor” waivers without legal advice.
- Contact PLBH. We can help file a formal claim or lawsuit to recover your unpaid wages and penalties.
In some cases, multiple workers can join together in a class-action claim, strengthening the case and increasing the potential recovery.
What Compensation You May Recover
Successful misclassification claims can result in significant back pay and penalties.
You may be entitled to:
- Unpaid overtime wages and interest
- Reimbursement for business expenses
- Employer-paid taxes and benefits
- Penalties for labor code violations
- Attorney’s fees and legal costs
PLBH will calculate your losses and ensure you receive the full compensation you’re legally entitled to.
Protecting Drivers from Wage Theft
No driver should lose income because an employer cut corners. If you’ve been denied overtime or treated as an independent contractor despite working like an employee, you have rights. Contact PLBH at (800) 435-7542 today for a free consultation. Our legal team will help you document the violations and recover the pay you deserve.