FAQs: Employees vs. Independent 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. The following are some of the questions our lawyers frequently encounter in this area of the law. For answers regarding your specific situation, call the attorneys at Fisher Taubenfeld LLP at 646-741-3490.

What benefits does an employee have that an independent contractor does not? In general, employees are entitled to medical leave, overtime, unemployment insurance, workers’ compensation insurance and 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 business, 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 would be considered an independent contractor.

What should I do if I feel I am 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 employment law attorney can help determine your options.

Contact Us With Your Employee Classification Questions

We can help answer all your questions concerning independent contractors and employees. Call us at 646-741-3490 or toll-free 866-654-0343 for a free phone consultation. You may also send an email directly through our website.

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