Gilman Law LLP is offering free complaint consultations to any worker who may have been misclassified as an independent contractor
Naples, FL (PRWEB) November 15, 2011
Workers win back wages and other damages by filing independent contractor misclassification complaints
Recently, workers in a number of fields have been able to win back wages and other damages by filing independent contractor misclassification complaints against their employer. http://www.nytimes.com/2010/02/18/business/18workers.html?pagewanted=all
Gilman Law LLP is offering free complaint consultations to any worker who may have been misclassified as an independent contractor, including those working as:
food processing plant workers;
nail salon techs;
pharmaceutical sales reps.
If you or someone you know is being wrongly classified as an independent contractor, it is important that you contact Gilman Law today to discuss your misclassification complaint with one of our experienced employment lawyers.
Independent Contractor Misclassification
Independent contractors generally include self-employed workers who are not covered by the tax and wage laws that apply to employees. When a worker is deemed an independent contractor, employers are not required to pay Social Security, Medicare or federal unemployment insurance taxes. The FLSA's minimum wage and overtime requirements don't apply to independent contractors, and they are denied benefits under the Family Medical Leave Act and many other protections. In a tough economy, it is easy to see why some companies might be tempted to “misinterpret” or ignore the federal and state laws that cover the classification of employees as independent contractors.
How do courts determine a independent contractor misclassification complaint
To determine whether an individual is an "employee" under the FLSA, courts look to the economic reality of the parties' business relationship as a whole. A worker’s status is determined by whether the individual is economically dependent on the business he or she is working for, or, as a matter of economic reality, is actually in a business for themselves. For tax purposes, the Internal Revenue Service (IRS) looks at three main factors to determine if a worker is an independent contractor or employee. These factors include:
Behavioral: Does the company control what a worker does or how the worker performs those duties?
Financial: Are the business aspects of the work (method of payment, reimbursement of expenses, etc.) controlled by the worker or the company?
Relationship: Is there a written contract? Does the worker receive employee-type benefits, such as a pension plan, insurance, or vacation pay, for example? Will the relationship between the worker and the company continue for an unlimited time?
Legal Help for Victims of Independent Contractor Misclassification
Workers illegally classified as independent contractors may be entitled to thousands of dollars in back wages and benefits. If you think your employer wrongly misclassified you as an independent contractor, Gilman Law can help. For a free evaluation of your case, please fill out the online form on the left or call Toll Free at 1-888-252-0048.