Employee misclassification occurs when a business compensates those who work with them as independent contractors and not as employees.
The Supreme Court of the United States recently issued a decision clarifying the roles of an independent contractor and an employee. To be accurately identified as an independent contractor, businesses must prove that the worker:
(a) is free from the company’s control;
(b) is doing work that isn’t central to the company’s business; and
(c) has an independent business in that industry.
If these conditions are not met, then the business may be misclassifying the worker. Companies do this to maximize their own profits by not having to pay minimum wage, benefits, overtime and certain taxes.
If you feel you are being misclassified as an independent contractor instead of an employee call our office for a free consultation. You may have a claim for lost wages and benefits.