Misclassifying Employees as “Independent Contractors”2018-09-12T12:40:43+00:00

Are You an Employee or an Independent Contractor?

In general, if your employer puts any of the following conditions on you, then you will very likely be seen as an employee in the eyes of the law.

  • The employer dictates your work hours or prohibits you from taking any outside work.
  • The employer controls how your work is performed, and not just the end result of your work.
  • The employer places conditions on your ability to quit your job.

Let’s look at some specific examples to help you get a better picture of how to tell the difference between an independent contractor and an employee.

  • If you perform work that is essential to a company’s operations, there is a good chance the court will view you as an employee. For example, you are probably an employee if you help to manufacture a company’s product. But if your work is not essential to the company’s business (such as wiring a company office or writing for the company’s website), you’ll probably be viewed as an independent contractor.
  • Employees will usually work at the location of a business, using the tools and other equipment the business provides. On the other hand, an independent contractor will usually provide his or her own materials or work from a home office.
  • Contractors are usually paid per project and work for multiple businesses at the same time. Employees, on the other hand, work long-term for one business.

Why You Need to Speak to an Overtime Lawsuit Lawyer

If you are mislabeled as an independent contractor, you might not only be eligible for overtime pay, but also paid holidays, paid vacation time, sick pay and more. But, as you can see, determining whether someone is an employee or an independent contractor can be complex.

At Baron & Budd, our overtime lawsuit attorneys have a great deal of experience in representing workers who have been unfairly labeled as independent contractors when they are, in fact, employees who are covered by the FLSA. We hold employers accountable for trying to skirt the FLSA in order to keep from not only having to pay taxes on their employees, but also to avoid paying medical and health benefits.

When an employer commits this type of violation, it costs workers money. If you are one of these workers, you’re missing out on subsidized healthcare and more. For example, you are losing employer contributions to your social security and Medicare. You are also losing eligibility for unemployment benefits.

Just because your employer labels you as an independent contractor, that does not mean that a court will agree. If you believe you should be classified as an employee, get in touch with Baron & Budd. Contact us online or call 866-238-4143 to learn more about all of your potential legal options.

Talk to Baron & Budd

You don’t have to put up with the unfair practices of your employer any longer. Whether you’re a call center employee or have any other kind of job where you’ve been asked to work before or after your shift, it’s time that you finally get the proper compensation to which you may be entitled.

Talk to an attorney with Baron & Budd to find out more about how we may be able to help. Contact us online using our convenient form or give us a call at 866-238-4143.

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