If the worker does not work under the control of the employer or client, he or she is more likely to be an independent contractor. However, both staff and independent contractors can work under minimal control. Working from home or setting work schedules does not necessarily mean that the worker is an independent contractor. Whatever the reason, an employer cannot legally qualify a worker as an independent contractor. If you feel that your employer misclassified you and you are liable for overtime pay, you can take legal action against him or her. Phil Gibbons has 20 years of professional experience in labour law and a thorough knowledge of the classification requirements for independent contractors. This experience allows them to analyze employment contracts and determine whether, from the outset, your employer hired you as an independent contractor or misclassified you. There are many advantages for employers to classify a worker as an independent contractor, but not much for workers. However, the law does not allow employers to misclasse a worker, even if the worker agrees to be a contractor. Under the Fair Labor Standards Act (FLSA), there are certain conditions that distinguish a contractor from an employee. These are the factors used by employers to determine whether a worker should be considered a salaried worker or as an independent contractor.
Many of these factors are related to the relationship between the employee and the employer. Among the factors, it should be noted that if the employer`s business is highly dependent on the worker`s work, the worker is probably a worker. Independent entrepreneurs are more likely to be in business themselves. Many state and federal laws are in place to protect employees across the country. However, these laws do not apply to independent contractors. If you think your employer misclassified you as an independent contractor to avoid overtime, you may be able to take legal action against him or her to recover the compensation you deserve. If the worker is acting in a monitoring function (for example. B recruitment of workers, investments in equipment, etc.) and if his leadership qualities influence his chances of winning or lose money, he is likely not a worker or an independent contractor. Employers also do not have to pay independent overtime subcontractors for hours worked beyond the 40th hour during a work week. If you have been misclassified by independent contractors, you may have missed overtime pay that was rightly yours. Gibbons Leis, PLLC has dealt with many rights to misclassify workstations and can help you successfully set up a procedure against your employer. There are some factors that are not relevant to determining whether there is a working relationship.
Facts such as the place where the work is performed, the absence of a formal employment contract or whether a so-called independent contractor is approved by the public/local government are not considered to have an influence on the existence of a employment relationship. In addition, the Supreme Court held that time or the manner of remuneration does not control the determination of the status of workers. Independent contractors are more likely to exercise their own judgment and use their skills to work independently.