Employers often misclassify their employees as independent contractors. Employee misclassification is becoming a more common practice because it benefits employers and harms employees. It allows employers to reduce payroll taxes, bypass overtime laws, ignore OHSA job safety rules, and to deny employees healthcare benefits, overtime pay, and vacation pay.
In short, misclassifying employees as independent contractors can save employers thousands, but at a cost to the misclassified employees. However, employers do not get to simply decide if you are an independent contractor or employee. There are legal standards in place which dictate if you are an independent contractor. The signs that you are misclassified as an independent contractor may include:
1. Your employer has strict controls on your work schedule.
2. You must report to a specific work location.
3. Your employer provides the equipment and materials needed to complete your job.
4. The services you provide are a vital part of your employer’s business.
5. You are not free to accept other contracts or employment.
If you have been misclassified as an independent contractor, you may be entitled to damages including: lost wages, overtime wages, liquidated damages, vacation pay, benefits compensation, attorney fees, and court costs. Marsalka Law, LLC can help you recover what you are owed.
Contact Marsalka Law, LLC if you believe you have been misclassified as an independent contractor.