Independent Contractors

Many Workers Are Incorrectly Misclassified as Independent Contractors, We Can Help

Some of the most egregious wage violations occur because companies misclassify traditional employees as independent contractors. Companies often do this because of the potential financial benefits of having independent contractors in lieu of employees. Businesses are not required to pay federal or state taxes for independent contractors, provide contractors with breaks or benefits, or pay overtime to independent contractors.

Just because an employer calls a worker an ‘independent contractor’ doesn’t mean that the law will treat them that way. Instead, under the federal Fair Labor Standards Act (“FLSA”), the question is whether the worker is economically dependent on the employer. This test is very broad in favor of classifying workers as employees (thereby entitling the worker to overtime pay).  For example, if you only work for one company, are required or expected to work specific hours, or your employer controls your opportunity to make money, your current or former company may have committed a wage violation.  

If you’re an independent contractor in name only, your company could owe you under the FLSA back pay (unpaid wages) up to 3 years, liquidated damages/double damages (equal to the amount of your unpaid wages) and attorney fees.  Take a stand now—contact us for a FREE consultation regarding your rights and let us get started on your case.