Employee Misclassification and Your Rights: What You Need to Know

It's Time
for Fair Compensation

Are you a victim of employee misclassification? If you are working as an independent contractor but you should be classified as an employee, you may be entitled to compensation and benefits that your employer is denying you.

Employee misclassification is a widespread and illegal practice that deprives workers of their rights and protections under the law.

Employee vs Independent Contractor

Employee misclassification occurs when an employer treats a worker as an independent contractor instead of an employee, even though the worker does not meet the legal criteria for being a contractor. This way, the employer can avoid paying payroll taxes, overtime wages, health insurance, workers’ compensation, and other benefits that employees are entitled to. The employer can also evade federal and state laws that protect employees from discrimination, harassment, retaliation, and wrongful termination.

How do you know if you are misclassified as an independent contractor? There is no simple answer to this question, as different laws and agencies may apply different tests to determine your status. However, some of the common factors that courts and agencies consider are:

The degree of control that the employer has over how, when, and where you perform your work
The extent to which your work is integral to the employer’s business
The amount of investment that you have in your own equipment, tools, and supplies
The degree of skill and independence that you have in performing your work
The duration and permanence of your relationship with the employer
The opportunity for profit or loss that you have as a result of your work

If most or all of these factors indicate that you are more like an employee than a contractor, you may be misclassified and eligible for relief. You may be able to recover unpaid wages, overtime pay, meal and rest breaks, health insurance premiums, workers’ compensation benefits, unemployment benefits, and other damages. You may also be able to join a class action lawsuit against your employer if other workers are in the same situation as you.

We Can Help

If you suspect that you are a victim of employee misclassification, you should consult with an experienced employment lawyer who can help you understand your rights and options. We have successfully represented many workers who have been misclassified as independent contractors by their employers. We can help you file a claim with the appropriate agency or court and fight for the compensation and benefits that you deserve. Contact us today for a free consultation.

It's Time
for Fair Compensation

Employee vs Independent Contractor

We Can Help

Millions of Workers Harmed by Wage and Hour Violations

Are you qualified?

It's Time for Fair Compensation

Employee vs Independent Contractor

We Can Help

Millions of Workers Harmed by Wage and Hour Violations

Are you qualified?

It's Time
for Fair Compensation