Prince George’s County Salary and Contractor Misclassification Lawyer
Often, employers may find reasons to avoid classifying workers as ordinary employees. Hourly and wage employees in the State of Maryland are given certain federal and state protections that may not apply to independent contractors or salaried employees. Misclassification could mean less cost for the employer, but fewer rights for the employee.
If you have questions or concerns related to a potential misclassification of your employment status, you could benefit from consulting a Prince George’s County salary and contractor misclassification lawyer. The Spiggle Law Firm’s dedicated employment attorneys could provide a legal analysis of your employment situation and help you pursue your case.
Benefits of Being a Non-Exempt Employee
Generally, workers who are not covered by state and federal employment protection laws are referred to as “exempt” employees. However, “non-exempt” employees are covered by these laws, meaning they are promised certain protections and benefits. These benefits include:
- Right to overtime compensation
- State or federal minimum wage
- Unemployment benefits
- Employer contributions to Social Security
- Medical leave
However, non-exempt employees, such as independent contractors, are not legally entitled to receive such benefits and protections. A Prince George’s County salary and independent contractor misclassification attorney could help you determine whether you qualify for these protections based on your pay scale and employment responsibilities.
Classifying Exempt Employees
Generally, exempt employees are either salaried employees or independent contractors. Those in these positions may not have access to the benefits of non-exempt employees, such as overtime. However, if your employer considers you a non-exempt employee, it is vital to establish how you are classified and if it is proper.
Establishing who is an independent contractor typically requires an evaluation of the relationship between the employer and the worker. Importantly, an employment contract or form indicating you are an independent contractor could be insufficient to establish such a relationship. Although additional factors may be relevant depending on the facts and circumstances of your case, the following factors are generally central to making this assessment:
- Control of when/how work is completed
- What services are provided to the employer
- Business operation and equipment ownership
- Temporary versus permanent employment relationship
To qualify as a salaried employee, workers typical must perform specific job duties and meet salary compensation requirements. In these positions, payment is set at a fixed amount—in other words, it is not based on the number of hours worked.
True salaried employees perform clearly defined executive, professional or administrative job functions. Although salary employees are typically entitled to some benefits, they are usually unable to earn overtime pay. A salary and independent contractor misclassification lawyer in Prince George’s County could aide in reviewing actual job duties—as opposed to your job title—to make this evaluation.
Consequences for Employee Misclassification
Employers should carefully examine workers’ classifications to determine they are truly independent contractors or salaried employees. Sometimes, misclassifications are genuinely accidental, but even this can still be damaging to you as an employee. If you are misclassified for any reason, your employer may be liable to pay you damages, including back wages.
Speak to a Prince George’s County Employee Misclassification Lawyer
If you are being wrongly classified at work, you may be missing out on benefits that you are entitled to receive. Our attorneys here at the Spiggle Law Firm could help you examine work done to determine your proper classification.
A Prince George’s County salary and contractor misclassification lawyer could help review your case and provide guidance on the laws surrounding employee classification. Take advantage of our no-cost online case review tool to get started.