Leesburg Salary and Independent Contractor Misclassification Lawyer
When you are misclassified as an independent contractor or a salary employee, it can negatively impact the compensation and benefits you are entitled to receive. This is because independent contractors and salary employees are exempt from many labor laws that protect workers.
If you are concerned that your employer has intentionally or mistakenly misclassified your employment status, we may be able to help. Our seasoned Leesburg salary and independent contractor misclassification lawyers have successfully recovered back wages and other damages for misclassified employees. The well-versed employment attorneys at the Spiggle Law Firm can help make sure you are getting the benefits you are entitled to.
Why Does Employment Classification Matter?
Employment laws establish minimum wage and overtime guidelines that employers are required to follow. The Fair Labor Standards Act (FLSA) and certain Virginia state laws are the primary authorities that impose these requirements. Minimum wage in Virginia is currently the same as the federal minimum wage of $7.25 per hour. In addition, the FLSA mandates that employees who work more than 40 hours in one workweek are entitled to receive overtime compensation.
Employees categorized as “non-exempt” are afforded the full protections of these laws and have legal remedies available if their employers fail to follow them. In contrast, “exempt” employees are not covered under these laws and therefore do not have the rights to claim minimum wage, overtime, and other benefits.
Differentiating Between Employees and Independent Contractors
The main difference between non-exempt employees and independent contractors is the level of control the employer has over their work. True independent contractors have more flexibility over their work compared to non-exempt employees.
An employer may not simply choose to label a worker as an independent contractor. This determination depends on the actual facts surrounding the employment relationship. You are considered an independent contractor if you are:
- In charge of your schedule
- Use your own equipment
- Do not have taxes taken out of your paycheck
- Have more than one client
Determining who is an independent contractor can require knowledge of the technicalities of the law. Working with a Leesburg salary and independent contractor misclassification lawyer who is familiar with these types of cases can be helpful.
Exempt Salaried Employees in Leesburg
It is a common misconception that salaried employees are not entitled to overtime compensation. To be exempt from overtime compensation, a salaried employee’s role must fit within certain specific categories.
Properly exempt salaried employees perform executive, professional, or administrative job functions. In addition, exempt employees should be compensated at a minimum rate of $455 per week. This pay rate should be consistent and should not change based on the amount worked.
Consulting a Leesburg Salary and Independent Misclassification Attorney
An employer cannot make you an independent contractor or exempt salary employee by having you sign a contract, issuing 1099 Forms, or asking you to agree to incorrect classification. The majority of workers in Leesburg are employees who are covered under the FLSA. However, if you are unsure that your classification is correct, working with an attorney can be extremely beneficial.
Our Leesburg salary and independent contractor misclassification lawyers have the knowledge and experience to help guide you through your case. If you would like to learn more about the Spiggle Law Firm and how we can help you, click here.