Heads up about worker Misclassification as Independent Contractor: Race Discrimination

I publish illustrative scenarios prepared by my practice. The participants and conversations are fictional. These are not posts by real users, accounts of client experiences or reports of actual results.
Started by deleted_user_alt_19 · Jan 26, 2026 · 1,342 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
DU
deleted_user_alt_19 OP

I'm dealing with a situation and need some guidance.

denied overtime for 6 months. I've been dealing with this for about 9 months now and the situation isn't improving.

I have worked at this company for 6 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

MH
megan.h_20

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 fr fr.

KI
keeping_it_real_35

NAL, but from what I've read, you should file a complaint. Standard disclaimer: talk to an actual attorney for your case.

TL
Kelly_TL Moderator

I've handled similar cases. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under Title VII, discriminatory.

This really is a "talk to a lawyer" situation unfortunately.

EM
employeerights_33

NAL, but from what I've read, you should document everything. Standard disclaimer: talk to an actual attorney for your case.

BT
brian_t_16

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

DT
desperate_times_etc_10

I went through almost the exact same thing.

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

LP
laura.p_3

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

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it no cap.

JE
jenny_2024_10

Been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency ngl.

MS
motion_sickness_32

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NT
nine_to_five_grind_3

Dealt with this exact thing last year.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

FT
frank_the_tank_23

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.