By Walwin Taylor, Esq., WLT Law Firm, PLLC · Last reviewed November 8, 2026

Worker at a loading dock holding a timesheet, with the headline "Misclassified as a Contractor or Exempt?" and WLT Law Firm phone numbers

Your employer calls you an “independent contractor” or a “salaried exempt” employee, but you work set hours, follow their rules, and put in more than 40 hours a week with no overtime. That label may be wrong. Employee misclassification is one of the most common ways workers in Fort Lauderdale and across Broward County lose wages they are owed. WLT Law Firm represents employees, not employers, and the consultation is free.

What Is Employee Misclassification?

Misclassification happens when an employer puts the wrong label on a worker. The two most common versions are:

  • Calling an employee an “independent contractor” (often paid on a 1099), which takes away overtime, minimum wage, and other protections employees have.
  • Calling an employee “exempt” from overtime because they are paid a salary or have an impressive job title, when their pay or their actual duties do not meet the legal test.

The federal Fair Labor Standards Act (FLSA), the main federal wage law, decides who is protected. The label your employer picked does not.

Employee or Independent Contractor? The Reality Decides, Not the Label

Courts look at the “economic reality” of the relationship: are you really in business for yourself, or do you depend on this company for your work? A signed contractor agreement or a 1099 form does not settle it. Courts weigh factors such as:

  • Control: who sets your schedule, your methods, and your rules?
  • Profit or loss: can you earn more through your own business skill, or are you simply paid for your time?
  • Investment: did you invest in your own equipment, staff, or business, or does the company supply what you use?
  • Skill and initiative: does the work require special skill used in an independent way?
  • Permanence: do you work for this company steadily and indefinitely, like staff does?
  • Integral work: is your work a core part of the company’s business?

No single factor decides the question. If you work like an employee, you may be one under the law, whatever your paperwork says.

“Salaried” Does Not Mean “Exempt”

Being paid a salary does not, by itself, take away your right to overtime. For the common “white-collar” exemptions, an employer generally has to show all three of these:

  • Salary basis: you are paid a fixed salary that is not cut based on the quality or amount of your work.
  • Salary level: the salary is at least $684 per week ($35,568 per year), the level the U.S. Department of Labor currently enforces.
  • Duties: your main job duties are truly executive, administrative, or professional, as the regulations define them.

Job titles do not decide it. A “manager” who spends most of the day doing the same hands-on work as the crew may not be exempt. The employer carries the burden of proving an exemption applies. For a deeper look, read our guide to exempt vs. non-exempt employees in Florida.

What Misclassification Can Cost You

  • Overtime: time-and-a-half for hours over 40 in a workweek. Our Fort Lauderdale unpaid overtime lawyer page explains how overtime is calculated.
  • Minimum wage for every hour worked.
  • Payroll taxes: workers labeled contractors often pay the employer’s share of Social Security and Medicare themselves.
  • Safety-net benefits: misclassified workers can be wrongly denied unemployment or workers’ compensation coverage.

What You May Be Able to Recover

If you were misclassified and lost wages under federal law, you may be able to recover:

  • Unpaid wages and overtime for the time period the law allows.
  • An equal additional amount (called “liquidated damages”) in many cases, unless the employer proves it acted in good faith and had reasonable grounds to think it was following the law.
  • Attorney’s fees and costs, which the employer is required to pay if you win your wage claim.

Deadlines Are Short

A federal wage claim generally must be filed within 2 years of each violation, or 3 years if the violation was willful (meaning the employer knew, or showed reckless disregard for whether, it was breaking the law). Every pay period you wait, the oldest unpaid week can fall outside the deadline. Talk to a lawyer early.

Can I Be Fired for Asking About My Classification?

Not lawfully. Florida is an at-will state, so employers can end employment for many reasons, but federal wage law makes it illegal to fire or punish you for complaining about unpaid wages or overtime. If you were cut, demoted, or let go after raising the issue, that can be a separate claim. Learn more about workplace retaliation in Florida.

What to Do Now

  • Keep your pay stubs, 1099s or W-2s, offer letter, and any contractor agreement.
  • Write down the hours you actually work, including early starts, late finishes, and skipped lunches.
  • Save schedules, texts, and emails that show who controls your work.
  • Do not sign a release or “settlement” from your employer before a lawyer reviews it.

Talk to a Fort Lauderdale Employee Misclassification Lawyer

If you think you have been misclassified, WLT Law Firm can review your situation and tell you honestly whether you have a claim. We represent workers throughout Fort Lauderdale, Plantation, and Broward County. Every case is different, and no outcome can be promised.

WLT Law Firm, PLLC
261 N. University Drive, Suite 500, Plantation, FL 33324
Phone: (954) 905-9863
Toll-free: (866) 438-9254 (866-GET-WALI)

Frequently Asked Questions

Does a 1099 mean I am an independent contractor?

No. A 1099 form or a signed contractor agreement does not decide your status. Courts look at the economic reality of the work, including who controls it, whether you can profit through your own business skill, and whether you depend on the company for your work.

I am paid a salary. Can I still be owed overtime?

Yes, in many cases. To treat you as exempt, an employer generally must pay a fixed salary of at least $684 per week and show that your main duties are truly executive, administrative, or professional. A job title alone is not enough.

How far back can I recover unpaid wages?

Under federal law, generally 2 years from each violation, or 3 years if the violation was willful. Because the clock runs separately for each pay period, waiting can reduce what you can recover.

Can my employer fire me for asking about my classification?

Not lawfully. Federal wage law makes it illegal to fire or punish you for complaining about unpaid wages or overtime. Write down the dates of any changes that followed your complaint.

How much does it cost to talk to a misclassification lawyer?

The initial consultation with WLT Law Firm is free. Most wage claims are handled on a contingency basis, so you do not pay attorney’s fees up front, and if you win a federal wage claim the employer is required to pay your attorney’s fees.

You can also read more about unpaid wages and overtime in Fort Lauderdale, or browse our Florida employment law articles for employees.

This page is general information about Florida and federal employment law, not legal advice, and does not create an attorney-client relationship. Every situation is different — speak with a qualified attorney about your specific circumstances.