Helping New York City Employees Who Have Been Misclassified As Contractors
Employers are required to classify people who work for them. Employees generally enjoy more entitlements than people who are considered to be independent contractors. Problems arise when an independent contractor should be classified as an employee and is denied certain benefits.
At Fisher | Taubenfeld LLP in New York City, our labor and employment lawyers fight to protect the rights of New York workers. When you need a litigator to fight for your rights and hold your employer accountable for a misclassification, our New York labor law attorneys provide guidance and advocacy.
Understanding An Employer’s Classification As An Independent Contractor
Understanding how your employer classifies you – whether as an independent contractor or an employee – affects your rights and benefits. If you have been classified as an independent contractor, you may not receive benefits like health insurance, overtime pay or workers’ compensation.
Additionally, you might be responsible for paying your own taxes, which could be higher as an independent contractor. On the other hand, employees are entitled to certain protections under labor laws, including minimum wage and anti-discrimination rights. Misclassification can lead to significant financial and legal consequences. If you believe you’ve been incorrectly classified, consulting with a knowledgeable attorney or lawyer can help you understand your rights and potentially correct the classification, ensuring you receive the benefits and protections you deserve.
Frequently Asked Questions About Classification As An Independent Contractor
Our litigators have dedicated their legal careers to labor and employment law. In their years of practice, they have gathered answers to some of the questions they are most commonly asked about misclassification as an independent contractor.
However, every employer is different, and your case may have nuances that still leave you with questions. For answers regarding your specific situation, our lawyers offer a free case consultation and evaluation.
What benefits does an employee have that an independent contractor does not?
In general, employees are entitled to:
- Medical leave
- Overtime pay
- Unemployment insurance
- Workers’ compensation insurance
- Minimum wage protections.
Most employers do not have to offer any of these benefits to an independent contractor.
How do I know if I am an independent contractor?
There are no hard and fast rules about how workers should be classified. Generally, independent contractors are not under an employer’s supervision, direction or control. Many independent contractors have their own businesses, take out their own ads, use their own marketing materials and carry their own insurance. They also often set their own schedules and may refuse any work assignments that come their way. In short, the more independence you have, the more likely it is that you will be considered an independent contractor.
How can a worker prove that they are an employee and not a contractor?
To show that you are an employee rather than an independent contractor, you need to provide evidence of your work relationship. Key factors include:
- The level of control your employer has over your work and schedule. If they dictate your tasks, hours and how you perform your duties, you might be an employee.
- Consider whether you use your employer’s equipment or work at their location. Both are significant proof of being employed rather than a contractor.
- Also, employees often have ongoing relationships with their employers, while contractors typically have short-term, project-based engagements.
Documentation such as emails, contracts and pay stubs can support your case. An experienced employment law attorney can help assess your situation and advise you on what you would need to prove your status as an employee.
What should I do if I feel that I have been improperly classified?
Both the federal government and the state of New York have a vested interest in ensuring employers are not abusing the labor system. If you are able to prove a misclassification claim, you are entitled to a broad range of remedies, including unpaid wages and overtime compensation. A qualified labor and employment lawyer can help analyze your options.
Contact A New York City Labor Lawyer For Free
Our experienced labor and employment lawyers can answer your additional questions and concerns about misclassification. To schedule a free phone consultation and case evaluation, you can call our office at 646-741-3490 or toll-free 866-654-0343. You can also reach us by sending a message through our website.