Pennsylvania Employee Misclassification Lawyer

Your Rights. Our Fight. Employment Advocates for Fairness in the Workplace

Ed Sweeney and M. Frances Ryan

Ed Sweeney

Franny Ryan

Recovered For Our Clients
$ 0 +
4.9 star Google Rating
Happy Clients
0 +
4.9 star rating on Google Review

Request a Free Consultation

If you work in Pennsylvania and suspect an employer of misclassifying employees, you’re not alone. Many workers are denied their rightful pay, crucial benefits, and legal protections because employers deliberately or carelessly mislabel them. The problem spans industries, especially hourly jobs, construction, and the growing freelance / gig economy.

At Wusinich, Sweeney & Ryan, LLC, we understand how confusing and damaging misclassification can be. Our legal team helps Pennsylvania workers take action when their employers misclassify employees. If you believe you’ve been misclassified, we can fight for the compensation and protections the law provides through legal action.

Sweeney and Ryan

What is Employee Misclassification?

Employee misclassification means a worker who should be treated as a non-exempt employee is labeled an independent contractor or an exempt salaried employee. That mislabeling robs you of overtime pay, employee benefits, and legal safety nets.

Four Quick Tests to Spot Employee Misclassification in Pennsylvania

Run through these checkpoints; if you fail any of them, you may be an employee entitled to overtime, benefits, and wage protections.

1. Fair Labor Standards Act Test

  • Duties: Do you mainly supervise, set policy, or use high-level professional judgment? If not, you’re probably a non-exempt employee. These employees are paid an hourly wage, which must be at or more than the state or federal minimum wage, and must be paid overtime pay.
  • Salary: Even if your duties look “executive,” you must earn at least $844/week ($43,888) after July 1, 2024, rising to $1,128/week ($58,656) on Jan 1, 2025, or overtime is owed. Note: As of 2025 the current administration is in the process of reviewing these regulations so the minimum earnings may change.

2. Pennsylvania Minimum Wage Act Test

  • Pennsylvania scrapped its higher state salary rule in 2021, so it now follows the same federal salary levels shown above.
  • Bottom line: if you flunk the FLSA test, you flunk the state test too, and must be paid time-and-a-half after 40 hours.

3. Independent Contractor Test

To be a true contractor under the Unemployment Compensation Law, both must be true:

  1. Freedom from control. You decide how and when the job gets done; and
  2. Independent business. You market your services to others, not just one company. Miss either piece, and you may be an employee.

4. Construction Workplace Misclassification Act Test

In the construction industry, the bar is higher. A construction worker is an independent contractor only if:

  1. There’s a written contract for the project, and
  2. You work without day-to-day control from the company, and
  3. You run an established business, owning your tools, holding at least $50,000 in liability insurance, and offering services to others.

If any test raises a red flag, start a paper trail. Save pay stubs, time sheets, and any 1099 or “independent-contractor” agreement. Then call Wusinich, Sweeney & Ryan for a free, confidential review. We’ll tell you whether you’re owed overtime, benefits, or back pay, and map out the fastest way to recover every dollar. Misclassification steals your hard-earned wages. Let us fight to get them back.

various employees in different lines of work showing how one might need a Employee Misclassification Lawyer

What You May Be Owed

If you’re misclassified, you could recover:

  • Unpaid wages, including overtime (time-and-a-half for hours over 40)
  • Denied benefits, including sick leave, health insurance, unemployment insurance, and workers’ compensation benefits
  • Liquidated (double) damages under federal law
  • Employer contributions to health or retirement plans
  • Refund of self-employment taxes you shouldn’t have paid
  • Damages for emotional distress and, in severe cases, punitive damages

Civil or criminal penalties assessed against the employer

Legal Options for Misclassified Workers

Our firm can help you:

  • File a complaint with the Pennsylvania Department of Labor & Industry or the U.S. Department of Labor
  • Report violations to the Attorney General’s Labor Enforcement Unit
  • Recover back pay, damages, and attorneys’ fees through a civil lawsuit
  • Navigate overlapping state and federal laws to maximize recovery

We gather evidence, review job duties and contracts, and build a strong case to reclassify your position and recover every dollar owed.

Get a Free Consultation To Determine If You've Been Misclassified

Based in Exton, PA, our employee misclassification attorneys are dedicated to helping workers across Pennsylvania stand up for their rights. We bring decades of experience handling worker misclassification cases, among other employment law issues.

We understand how deeply the proper employee classification can affect your finances, your health, and your peace of mind. That’s why we give every case the personal attention it deserves. Whether you’re a freelance contractor or a misclassified hourly employee, our team is ready to fight for the rightful compensation and proper classification you’ve earned. Contact us today so we can get started fighting for you.

Your Rights.
Our Fight.

Pennsylvania Employment Lawyers at Wusinich, Sweeney & Ryan, LLC Successfully Resolve All Types of Employment Matters

Areas We Serve

From our law firm in Exton, the Pennsylvania employment lawyers at Wusinich, Sweeney & Ryan, LLC are proud to serve employees in need of legal services in southeastern Pennsylvania including, but not limited to, Coatesville, Atglen, Avondale, Downingtown, Elverson, Honey Brook, Kennett Square, Malvern, Modena, Oxford, Parkesburg, Phoenixville, South Coatesville, Spring City, West Chester, West Grove, Upper Darby, Haverford, Radnor, Chester, Ridley, Drexel Hill, Springfield, Marple, Concord, Upper Chichester, Aston, Middletown, Newtown, Nether Providence, Ardmore, Yeadon, Broomall, Lansdowne, Upper Providence, Darby, and Philadelphia.

What Our Clients Say

Request a Free Consultation

Quick Employment Lawsuit Checker

Can You Sue Your Employer?

Answer the questions below to find out quickly if you may have a valid employment law claim. Additional details may be requested if relevant.

This quiz is for educational purposes only and does not constitute legal advice or create an attorney-client relationship. For personalized guidance, consult a licensed attorney in Pennsylvania.

1. Were you treated differently at work because of any of the following?











2. Did the unfair treatment result in any of the following?








We need a few more details to better understand your situation: