Are You an Independent Contractor? The Truth about Misclassification and Your Rights as a Worker.
Many times remote workers are classified as independent contractors when they are employees. The lines between the two categories have blurred, with the pandemic increasing the number of remote workers. Employers feel they don’t have to offer employees different benefits when working from home. They don’t see these workers as employees but as independent contractors. These employees are treated unfairly when they are entitled to the same protections. Situations like this are common for workers classified as independent contractors. The law protects workers that are misclassified by employers directly or indirectly.
More people are working remotely than at any other time, with 15% of all jobs offering remote positions. These trends will push the total number of U.S. remote workers to 36.2 million by 2025. Labor laws are evolving to give remote workers the same protections as in-person employees.
We recommend speaking with an employment law attorney about your situation. You have rights, and we will ensure that they are respected.
The Feldman Legal Group practices employment law, and we have experience working on independent contractor misclassification cases.
Why Choose Us?
The Feldman Legal Group levels the playing field for an employee misclassified as an independent contractor. We handle employment law cases and know what to do regarding worker misclassification. You will work with a dedicated attorney who listens and advocates for you.
We use our knowledge and experience of employment law and apply it to your case. You get tailored legal advice and will know how we can proceed and the best options. Your attorney will review the potential violations and what we can do to help you.
Our team of skilled investigators handles everything, and we gather evidence to support your case. We are results-driven. Attention to detail is one of the most critical things we emphasize when investigating your case. We make sure that nothing is left to chance and gather every piece of evidence to support your case.
Our firm has five-star reviews for our knowledge, professionalism, and experience in misclassification cases.
How We Can Help
A skilled employment law attorney will review your case for free and discuss the various options. We will review possible violations and show how we can hold the company accountable for any misclassification that has occurred. You will know what we can do and how our team will help to get you the compensation you lost.
We have two offices — in Atlanta and Tampa — to serve you conveniently. Our dedicated professionals will give your case the attention it deserves. We look at every avenue and follow all leads to ensure everything is investigated.
Your attorney handles everything from filing the paperwork to contacting the other side. Your employer can’t threaten or intimidate you and must negotiate seriously with us. We use the threat of going to trial and the damages it will cause to the business to encourage the company to work out a deal. Our team will only stop once we get a fair settlement that reflects the damages from the misclassification.
Our track record speaks for itself, and we have worked on many cases involving misclassification.. Our skill, knowledge, experience, and attention to detail make a difference, so our clients give us five-star reviews. We will help you to get additional compensation and are here to serve you.
Are You an Independent Contractor or an Employee?
Are you working as an independent contractor, but everything feels like you are an employee? Employers frequently assume that sending you out a 1099 classifies you as an independent contractor.
The IRS, the Fair Labor Standards Act (FLSA), and state laws see things differently. The courts and the IRS will use numerous factors to decide if you are misclassified as an independent contractor, including . . .
- The degree of control exercised by the employer over the workers
- The worker’s investment in the business and opportunity for profits and losses
- The worker’s investment in tools and materials
- The degree of specialized skills and independent initiative required to perform the work.
- The length of the working relationship.
The ability of workers to perform work for others, change their schedules, and accept or decline assignments are relevant factors..
These standards show that it is not about how you are labeled but the work arrangement. One or any of them changes your relationship, and you are entitled to certain benefits not given to independent contractors.
Stop your employer from misclassifying you and protect your rights. We recommend educating yourself and speaking with a skilled independent contractor misclassification attorney. You may be entitled to compensation because your employer intentionally or unintentionally classified you as an independent contractor.
The Most Common Industries that Misclassify Workers as Contractors – Know Your Rights
Large and small companies around the country were misclassifying workers as independent contractors. These companies have been found liable for overtime and minimum wage violations. They want to avoid paying taxes, benefits, and higher wages to get around labor laws. Those industries where this practice is the most prevalent include
- Exotic dancers
- Cable installers
- Sales representatives (in sectors such as insurance)
- Delivery drivers
- Personal transportation (such as Uber drivers)
- Landscaping crews
- Maintenance and cleaning crews
- Hair stylists
- Health care workers
- Marketing representatives
- Staffing companies
- Gig Economy.
These are some sectors where misclassification as an independent contractor instead of an employee is common.
The Economic Reality Test of the FSLA
The Department of Labor (DOL) uses an economic reality test to decide if you are an employee or an independent contractor. The test determines if the worker is economically dependent on the employer or is self-employed. The DOL uses several factors, including:
- The degree of control and nature of the work
- Whether the worker receives profits and losses as an investment into a business
- The amount of skill required to do the work
- The timeframe of the relationship between the two parties
- Whether the work is an integrated unit of production.
Determining one or a combination of these categories makes employers liable to employees. You could be entitled to up to 5 years of back pay, benefits, and liquidated damages. We recommend speaking with a skilled attorney to see if your case could meet these criteria.
What Can Workers Do to Protect Their Rights?
You may be eligible for back pay, benefits, and other damages if your employer has misclassified you as an independent contractor. We recommend speaking with a misclassified independent contractor attorney immediately about your situation. Time is of the essence in these cases, and the sooner you seek legal advice, the faster we can help you.
Worker misclassification is a serious issue impacting workers in many different industries. Protect your rights by knowing which industries are most likely to misclassify workers as independent contractors.
What is Worker Misclassification?
Worker misclassification is when an employer labels you as an independent contractor when you are actually an employee. Independent contractors are self-employed and provide services to other companies. Many companies will misclassify workers to lower costs and avoid complying with labor laws. These companies feel they can get more out of their employees without any consequences.
We recommend speaking with a skilled attorney if you feel you are one of the misclassified workers. Our team will review your case and discuss some options we can pursue to move forward. Worker misclassification is a serious problem; you need an experienced attorney to help you navigate the various regulations.
How Can You Tell if You are Misclassified?
Independent contractors have control over how to perform their work. You set your hours, use your equipment, and have the freedom to work with different companies. Employees will have their employers control how they perform the work, provide them with equipment and supplies, and restrict their ability to work with other companies.
The Impact of Misclassification on Independent Contractors
Many states are taking steps to address work misclassification, with it becoming a prominent issue. Studies show that 10% to 20% of employers will misclassify their workers. These workers lose an average of $25 thousand annually in lost wages and benefits from these changes.
Numerous states are passing laws that make it harder to misclassify workers as independent contractors and impose fines on employers. The Department of Labor is increasing enforcement on the federal level, making misclassification more difficult.
Misclassified workers can sue for back pay, benefits, and damages from the actions of their employers.
Protecting Yourself from Misclassification
The different steps you could take to protect yourself if you are concerned about misclassification include:
- Negotiate clear terms to your contract that define your employment status and role at the company.
- Keep track of your hours worked, expenses, and any benefits you receive.
- Store all emails and written communications with your employer about your role as an independent contractor.
These are some ways you can protect yourself against being misclassified as an independent contractor. We recommend speaking with a skilled independent contractor misclassification attorney about your situation. We will go over your case and lay out possible options we can pursue.
The Proper Classification of Workers
Businesses should take proactive steps to ensure they are not misclassifying workers, including:
- Reviewing the IRS guidelines for worker classification.
- Evaluate the level of control over the worker, the nature of the relationship, and the length of time.
- Consult with a skilled attorney or accountant to ensure your classification of workers is legal.
These things will help businesses to avoid misclassifying workers as contractors. We recommend contacting your attorney with any questions or concerns.
The Necessity of Advocacy
Advocacy organizations are an excellent source for understanding your rights and protecting them. Many organizations, such as labor unions, advocacy groups, and work centers, constantly push for better working conditions. These groups lobby lawmakers to pass legislation that protects workers and prevents them from being unfairly misclassified.
Contact Feldman Legal Group Today
Misclassification as an independent contractor is a complex issue that requires a skilled attorney to help you. The attorneys at the Feldman Legal Group have the knowledge and experience to ensure nothing is forgotten. We look at every detail to ensure that your rights are respected and you get the compensation you may have lost from the misclassification.
Employers will try misclassifying workers to save money and boost their profit margins. Keep them from getting away with this by speaking with a skilled independent contractor attorney. Call Feldman Legal Group today to get started at (813) 639-9366.