Misclassification of Independent Contractors

Many so-called independent contractors should receive the same overtime pay and benefits received by traditional W-2 employees. By misclassifying a worker as “independent contractor” employers can avoid paying workers overtime providing retirement benefits, health insurance, paying the employer’s share of payroll taxes, and worker’s compensation and unemployment benefits. 

Courts routinely find workers to be misclassified as “independent contractors,” based on a review of several factors. Factors courts looks at to determine whether a worked was incorrectly labeled an “independent contractor” include, for example, the amount of “control” exercised by the employer over the worker. 

To be sure that you are properly classified as an independent contractor and not missing out on valuable benefits and pay, you should consult a qualified lawyer. 

Our firm has handled many misclassification cases, and we are happy to speak with you. All consultations are free and confidential. You may reach us at (615) 244-2202.