Employee Vs. Independent Contractor Misclassification: Which One Are You?
Employers are skillful in structuring their workforce in ways that save their companies money. But often, businesses violate state and federal law through the practice of misclassification.
Workers can be classified for payroll purposes in several ways. When businesses misclassify employees as independent contractors, consultants or 1099 contractors, they avoid paying benefits such as overtime, meal and rest breaks, health insurance, workers’ compensation benefits and certain taxes.
Misclassifying workers as independent or 1099 contractors affects blue collar workers in construction, day labor, janitors and security workers. Misclassification is also common in health care, technology and agriculture.
Reversing Improper Independent Contractor Misclassification
How do you know what you are? If a company hires a worker to perform a certain task, without offering direction for performing that task, the worker may truly be an independent contractor. But if the company provides considerable supervision and control over the way the work is performed, the worker may be an employee.
Being misclassified is costing you money. Work with employment lawyer Raymond Lampert to obtain just treatment.
Generally speaking, if your job duties are the same as a regular employee, chances are you are entitled to be classified that way and receive employment benefits under the law. But you will need to work with an experienced employment law attorney like Raymond Lampert to file a claim for back pay and benefits under the law.
Contact An Experienced Employment Law Attorney
To discuss the strength of your employee misclassification case, or any other employment law matter, call the Lampert Law Office LLC in Springfield for a no-charge, no-obligation case evaluation. We are available at 417-893-0963, or you may email your questions to our lawyer using this link.