Have you been misclassified as an Independent Contractor?

While being an independent contractor may have many upsides, those who are wrongly classified this way lose out on many important employee benefits such as overtime pay, pension plans, and medical insurance. The concept of an independent contractor was created to allow for businesses to work with each other to maximize their efficiency. Unfortunately, some businesses wrongly classify their hard working employees as independent contractors to avoid paying for these quintessential employee benefits.

Misclassifying employees is an exploitative tactic that can prove costly for misclassified individuals. If you feel as though your employer is taking advantage of you by classifying you as an independent contractor, the FLSA lawyers of Williams Kherkher may be able to help. Call our experienced employment attorneys at (888) 262-9002 to learn more about what we can do.

Who can be classified as an independent contractor?

The accepted criteria determining who can be considered an independent contractor is whether or not the person paying for a job has the ability to control how the work will be done. The employer of an independent contractor has only the right to control the result of the work. For example, Tim hires Bob the plumber to come fix his toilet. Bob the plumber is an independent contractor. Tim can only say that he wants his toilet fixed, not how Bob the plumber is to fix it.

Businesses must calculate many different factors when they are first trying to determine whether or not a worker will be classified as an employee or independent contractor. These factors can be broken into three categories including:

  • Behavioral: Does the company controls what the worker does and how the worker does it?
  • Financial: Are financial aspects of the worker’s job controlled by the payer?
  • Type of Relationship: Are there employee benefits or written contracts defining the relationship?

Every job is different and for each individual occupation a business must be careful in classifying its role with the company. There are no set criteria for who is to be legally defined as an independent contractor. Because of this, companies are left to their own discretion when classifying employees. However, some companies use this to their advantage and wrongly classify employees in order to save money.

Form SS-8

If you are still unsure whether you are a wrongly classified employee, the IRS has in place many safety nets and protocols to help you ensure your worker classification. Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, is a form that can be filed by the business or the worker that will give an official interpretation of the workers classification. This is a binding decision and if the company is found to have willingly misclassified an employee they may be held responsible for employment taxes for that employee, as well as unpaid overtime. Making a case can be complicated, but an attorney can help gather the required evidence and build a strong, cohesive argument.

Call a Labor Classification Lawyer today

If you have been wrongly classified as an independent contractor, the attorneys at Williams Kherkher can help you wade through the complex paperwork and quell any resistance from your employer. Wrongly classified employees miss out on many important employee benefits such as overtime pay, healthcare benefits, and pension plans. Companies that cheat the system by refusing to provide their employees benefits deserve to be held accountable. Call Williams Kherkher at (888) 262-9002 to discuss your employment classification with an attorney today.