Last Updated on February 21, 2026 by justin
Worker Misclassification Lawyers in Chicago
Employers sometimes label workers as 1099 “independent contractors” or “exempt” salaried employees to avoid overtime and other wage obligations.
The label is not the end of the analysis. Misclassification cases focus on the reality of the job: who controls the work, how the job is performed, and what the worker is required to do day-to-day.
Randolph & Holloway represents employees across the Chicago area in misclassification disputes and related unpaid wage claims.
If you were labeled 1099 or “exempt” but your job functioned like an hourly role under employer control, we can evaluate whether you were misclassified and what wages may be owed.
Signs You May Have Been Misclassified as an Independent Contractor
Many workers are told “you’re 1099” without any meaningful change in how the job operates. Indicators of misclassification can include:
- You are required to follow a fixed schedule or shifts set by the company
- The company controls how the work is performed, supervised, and evaluated
- You use company tools, equipment, systems, or a company location to perform the work
- You cannot freely subcontract the work or hire your own assistants
- You are economically dependent on one company for your income
- You are disciplined like an employee (write-ups, attendance points, suspensions)
Misclassification often overlaps with unpaid overtime and off-the-clock work.
Unpaid overtime
and
off-the-clock work
are common companion claims.
Misclassified as “Exempt” From Overtime
Being paid a salary does not automatically eliminate overtime eligibility. Overtime exemptions depend on specific legal tests and the work actually performed.
Misclassification commonly occurs where a title is used to justify “exempt” status, but the day-to-day job is primarily non-managerial or production work.
Common examples
- “Managers” who spend most time doing the same work as hourly staff
- “Administrators” whose duties are routine, scripted, or heavily supervised
- “Professionals” whose work does not require the specialized discretion the exemption assumes
- Workers paid a day rate or flat rate with long workweeks and no overtime
If you regularly worked more than 40 hours and did not receive overtime, the next step is usually to evaluate pay records alongside job duties.
Contact us to discuss your situation.
What We Review in Misclassification Cases
- Pay stubs, 1099s/W-2s, offer letters, and written pay policies
- Schedules, time records, dispatch logs, or other proof of hours worked
- Job descriptions and how the job actually operated in practice
- Training materials, performance metrics, supervision, and discipline policies
- Communications showing control over when, where, and how work must be done
If your employer used a misclassification label to avoid overtime, you may have a wage and hour claim.
Back to Wage & Hour.
Retaliation After You Raised Pay Issues
Misclassification disputes sometimes trigger retaliation when workers ask why they are not receiving overtime or employee pay protections.
If you were disciplined, threatened, or terminated after raising pay concerns, you may have additional legal claims.
Government Agencies (Information Only)
Some workers choose to contact government agencies about wage issues. This section is for reference only.
If you want individualized legal advice or litigation representation, contact our office.
- U.S. Department of Labor (Wage and Hour Division): WHD information
- Illinois Department of Labor: IDOL website
- FLSA overview: Fair Labor Standards Act