Howard County Salary and Independent Contractor Misclassification Lawyer
If your employer treating you as an independent contractor while they control when, where, and how you work, or if you are concerned that your employer owes you overtime pay or is not paying you correctly, Howard County salary and independent contractor misclassification lawyer could help. For these and other employment concerns, a skilled employment attorney is available to help you understand options for enforcing your valuable employment rights.
At the Spiggle Law Firm, we focus on helping workers who need a skilled advocate for their rights. Get in touch today to learn more about how a Howard County salary and independent contractor misclassification attorney from our firm could help you.
What is Independent Contractor Misclassification?
Independent contractor misclassification may take place any time that an employer unlawfully treats someone as an independent contractor and not an employee. Misclassification is a common tactic of employers in Howard County who wish to cut corners and avoid obligations such as tax withholding, workers’ compensation insurance, and compliance with other laws.
In doing so, employers that misclassify employees may not only be breaking the law but are also potentially harming their employees in numerous ways. Misclassified workers might not get minimum wage or overtime pay and may find themselves having to pay higher self-employment taxes when they should not. Independent contractors do not get workers’ compensation protection, and many other laws such as OSHA, the Family Medical Leave Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Acts, and the Affordable Care Act do not apply. A Howard County attorney could help a worker determine if they may be able to pursue a salary and independent contractor misclassification case.
The Right to Overtime Pay for Hourly and Salaried Employees
Federal law typically requires that employers pay time-and-a-half for overtime work to all covered employees. This rule applies to many salaried workers, and to many employees misclassified as independent contractors. Unless an employee is exempt from the overtime law, their employer must pay the overtime premium.
The law bases the test for exempt versus non-exempt status on what their actual job duties are and not on how they are paid or their job title. Some employers wrongly treat all salaried employees or all “management” employees as exempt from overtime. Similarly, the law does not allow an employer to avoid paying overtime simply by treating an employee as an independent contractor.
Employees who have concerns about whether their employer has failed to pay overtime or other legally required wages could get advice about their rights from a seasoned salary and independent contractor misclassification lawyer in Howard County.
A tipped employee is considered anyone who receives $30 or more per month in tips. While most employees who work for tips qualify for minimum wage and overtime pay, a Howard County attorney seasoned in salary and independent contractor misclassification cases could work with you to clarify whether this status applies to you.
While some tipped employees may receive a base pay of $3.63 per hour, which is lower than minimum wage, the employer must make up the difference for any hours for which base pay plus tips fall short of the minimum wage. Effective July 1, 2018, the minimum wage for most employees in Howard County is $10.10 per hour. A Howard County salary and independent contractor misclassification lawyer could further explain these changes to you.
Getting Help from a Howard County Salary and Independent Contractor Misclassification Attorney
An attorney’s experience could be the key in salary and independent contractor misclassification cases. Workplace issues may be complex and may call for specialized and skilled legal guidance from an experienced attorney who understands the full range of laws and regulations that apply to the modern workplace.
Retaining a Howard County salary and independent contractor misclassification lawyer from the Spiggle Law Firm could be critical to the success of your case. We could also advise you about whether your employer may be liable to you for unpaid wages or other damages and suggest actions you could take recover compensation for your losses. Click here to use our free online case review tool and start exploring your options.