Anne Arundel County Salary and Independent Contractor Misclassification Lawyer
There are a number of ways salary and independent contractor misclassifications could cause employees a great deal of hassle. Among many other consequences, such misclassifications could lead to:
- Individuals receiving a form 1099 instead of a W-2 at tax time and getting stuck paying high self-employment taxes
- A lack of workers’ compensation insurance from your employer after being injured while on the job
- A lack of overtime pay after working more than 40 hours a week
- An inability to get unemployment benefits after being laid off because your employer claims you were not legally an “employee”
If any of these experiences seem familiar, you may have suffered from independent contractor misclassification. Anyone with concerns about these or other employment problems could benefit from the insight of an Anne Arundel County salary and independent contractor misclassification lawyer. Our seasoned employment attorneys from the Spiggle Law Firm could review your case and fight for your rights.
What Is Independent Contractor Misclassification?
Independent contractor misclassification is a form of wage theft through which a business treats someone as a “contractor” when they should legally treat them as an employee. Through misclassification, unscrupulous employers seek to avoid many legal obligations they would otherwise owe employees, such as:
- Overtime pay
- Minimum wage
- Unemployment benefits
- Workers’ compensation insurance
- FICA/Social Security tax contributions
- Compliance with workplace safety laws
- Family and medical leave
Too often, employees discover the problem after it is too late when an employer misclassifies a worker. If you are concerned about independent contractor misclassification or salary issues, take action now and contact an attorney in Anne Arundel County immediately.
Spotting Misclassification in Anne Arundel County
Determining whether someone has been misclassified as an independent contractor could be complicated and involves numerous state and federal laws. A lawyer with a strong understanding of the employment law system might be able to help workers with concerns about independent contractor misclassification in Anne Arundel County.
Typically, workers should be wary of any arrangement in which another person or company pays them as an independent contractor unless they truly operate their own independent business. Under Maryland’s unemployment insurance laws, any worker is presumed to be an employee unless all three of these factors exist:
- The person works independently of direction and control
- They are engaged in an independent business that is the same as the one involved in the work they are performing
- The work is outside the usual course or place of business of the person for whom they work
The same test applies to the Maryland Workplace Fraud Act, which provides rights to construction and landscaping workers. Other laws, which could include the state workers compensation law and federal wage and tax laws, use different standards. While deciding which rules apply to a particular situation may be difficult, conferring with a lawyer may help you if you are concerned that an employer has misclassified you as an independent contractor.
Call an Anne Arundel County Salary and Independent Contractor Misclassification Attorney
Any actions from an employer that may threaten your ability to sustain yourself and your family can be extremely worrisome and emotionally charged. By helping you understand the complex set of laws and regulations that apply to the workplace, an attorney could advise about ways of addressing possible salary and independent contractor violations on the job.
As a tenacious advocate for employees, an Anne Arundel County salary and independent contractor misclassification lawyer from the Spiggle Law Firm could advise you about your legal rights and whether your employer may be liable to you for lost pay or other damages. Let one of our seasoned attorneys suggest actions you could take right now to seek recovery for your losses. Call today or get a free online case review to learn more about your options.