MIAMI, FL – November 09, 2026 — Workers across Miami who are labeled as independent contractors may actually qualify as employees entitled to overtime and minimum wage protections under federal law. Miami wage and hour attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/miami-wage-and-hour-lawyer/employee-misclassification/) has released a detailed guide examining how employee misclassification is determined, the warning signs workers should watch for, and the compensation that may be recoverable when misclassification results in unpaid wages.
Being called an independent contractor does not necessarily make a worker one under the law. According to Miami wage and hour attorney Jason D. Berkowitz, when a company controls how, when, and where someone works but pays that person as a contractor, the worker may be misclassified and missing out on important wage protections. “Whether someone is an employee or an independent contractor depends on the actual working relationship, not simply the label or tax form the company uses,” Berkowitz explains.
The guide outlines how the Fair Labor Standards Act establishes that covered, nonexempt employees are entitled to the applicable minimum wage and overtime at one and one-half times their regular rate for hours worked over 40 in a workweek. Miami wage and hour attorney Jason D. Berkowitz notes that independent contractors do not receive these FLSA wage protections, and that a contractor agreement or Form 1099 does not determine a worker’s legal status. Courts instead examine the actual working relationship and the degree of independence the worker has.
Berkowitz explains that courts apply the economic realities test to determine whether a worker is economically dependent on a business or operating an independent business. The analysis considers several factors, including the worker’s opportunity for profit or loss, investments by the worker and the company, the degree of permanence in the relationship, the nature and degree of control over the work, whether the work is integral to the business, and the skill and initiative involved. No single factor controls the outcome, and the working relationship is evaluated as a whole.
Common warning signs of misclassification can include receiving a 1099 while performing the same work as employees, having the company set schedules and shift lengths, using company equipment such as trucks and tablets, being discouraged from taking work from other businesses, and having recorded hours stop at 40 despite regularly working more. “No single warning sign proves that a worker has been misclassified,” Berkowitz observes. “The totality of the working relationship, including the company’s control over the work and the worker’s level of independence, determines whether the contractor classification is appropriate.”
The guide addresses why some employers misclassify workers, noting that treating employees as independent contractors can reduce labor costs tied to overtime, employment taxes, unemployment contributions, and workers’ compensation. Attorney Berkowitz points out that intent does not determine whether a worker qualifies as an employee, though a willful violation can extend the time to recover unpaid wages from two years to three years.
When misclassification results in a covered, nonexempt employee receiving less than the required minimum wage or overtime, available remedies can include unpaid minimum wages, unpaid overtime, liquidated damages equal to those unpaid amounts, and reasonable attorney’s fees and costs. The guide notes that a prevailing employee is entitled to attorney’s fees under the FLSA, and that Florida Statute Section 448.08 permits a court to award reasonable fees and costs to the prevailing party in a Florida unpaid-wage action. Tax and benefit issues are treated separately from FLSA wage damages.
Berkowitz advises workers who suspect misclassification to preserve records showing how they were paid, the hours they worked, and how the company controlled their work. “Keeping the right records can make it easier to show how the work was structured and how someone was paid,” he adds. He also emphasizes that federal law under 29 U.S.C. Section 215(a)(3) prohibits retaliation against employees who assert protected FLSA rights, and that retaliation can include reduced hours, demotion, unwarranted discipline, or removal from a scheduling platform.
The firm represents workers throughout Miami and Miami-Dade County, including Brickell, Downtown Miami, Little Havana, Coral Gables, Doral, Hialeah, and Miami Beach, and assists workers across industries such as construction, hospitality, delivery, warehousing, and health care. Attorney Tarragona, who is fluent in Spanish, works directly with Spanish-speaking clients, and many wage matters can be handled by phone and email for workers outside Miami. The guide also explains that FLSA claims carry a statute of limitations of two years, or three years for a willful violation, under 29 U.S.C. Section 255(a), with each unpaid workweek carrying its own deadline.
For workers who believe they may have been misclassified as independent contractors, contacting a Miami wage and hour attorney may help clarify their classification and whether unpaid wages can be recovered. Early action can help preserve the period for which compensation may be sought.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based employment law firm focused on wage and hour matters, employee misclassification, retaliation, discrimination, and wrongful termination. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, both former management-side litigators, the firm represents employees throughout Miami-Dade County and across Florida, including Broward and Palm Beach counties. For consultations, call (305) 507-8506.
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