Unpaid Overtime: Financial and Sales Representatives

Financial and sales representatives who are misclassified as independent contractors may be able to collect up to three years of unpaid overtime.

Sales and financial representatives who are classified as “independent contractors” must examine their degree of control and independence in their position to determine whether this title accurately describes their work. In a common overtime scam known as employee misclassification, an employer will intentionally misclassify their workers as independent contractors to avoid paying overtime to these employees. (Under federal overtime law, independent contractors are exempt from overtime wages.) However, if the employee is not a true independent contractor, he or she should receive time-and-a-half pay when working more than 40 hours a week unless otherwise exempt.

Denied overtime as a sales and financial representative? Your employer may have misclassified you as exempt from overtime wages. Fill out our free case review form today to find out if you are eligible to collect back pay.

Unpaid Overtime Lawsuits: Financial and Sales Representatives

In June 2009, a group of sales and financial representatives who were denied overtime pay filed a class action overtime lawsuit against Northwestern Mutual Life Insurance Co. According to the complaint, Northwestern allegedly misclassified its sales and financial representatives as independent contractors to exempt these employees from federal overtime regulations and other labor laws. Northwestern claims that the plaintiffs were never employees of the company.

The plaintiffs in the unpaid overtime case alleged that they are employees rather than independent contractors due to the following reasons:

• The employer has total control over work performance
• The employer establishes work hours for its employees
• The employer supplies equipment and office space
• The employer mandates that employees keep detailed work records
• The employer prohibits them from working for any other brokerage firm

If you suspect you have been misclassified as an independent contractor, contact an overtime attorney today to learn your legal rights. He or she can examine the degree of control and independence allowed in your position and determine if you are owed unpaid overtime.

Overtime Attorneys for Misclassified Independent Contractors

Our overtime attorneys are offering a free initial legal consultation to financial and sales representatives who have been denied overtime pay. At no cost to you, we will examine your case to determine if you were misclassified as an independent contractor or otherwise subjected to illegal wage and hour practices. If so, our overtime lawyers can assist you in filing a claim against your employer. Employees who file overtime lawsuits may be able to recover up to three years of unpaid overtime and are protected by federal law from any retaliatory action from their employer. To find out if you are eligible to file an overtime lawsuit, fill out our no obligation, free case evaluation form today.