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Wage & Hour Law Update

Tag Archives: counterclaim

Court Allows Counterclaim To Set Off Fees Paid To Independent Contractors Alleging Misclassification

When an independent contractor alleges s/he was misclassified and seeks alleged unpaid minimum wage and overtime, a significant issue is whether a prevailing plaintiff can receive a windfall.  Simply put, can an independent contractor alleging misclassification under the FLSA (or state law) keep fees for services already collected, and also collect a damages award for… Continue Reading