Prince William County Salary and Independent Contractor Misclassification Lawyer
Employers use cost-cutting tactics that affect employees in all manner of jobs and industries. While your employer controls when, where, and how you work, they may consider you an independent contractor. As a full employee, your job may assume that you are exempt from overtime because of a fixed salary.
If you think your employer is paying you incorrectly, a Prince William County salary and independent contractor misclassification lawyer could help review your paystubs and job. After determining your potential for a legal claim, a focused employment attorney from the Spiggle Law Firm could advise you about your rights and suggest actions you may take to receive your earned wages.
Independent Contractor Misclassification in Prince William County
Prince William County presumes that anyone being paid for work is an employee unless the specific conditions for independent contractor status are met. Both Virginia and federal law apply a detailed 20-factor test to determine worker status.
Employers who accidentally or intentionally misclassify their employees could cheat them out of pay, tax-withholding, and employment benefits. Independent contractors usually cannot access workers’ compensation or protections under laws such as OSHA, the Family Medical Leave Act, the Age Discrimination in Employment Act, and Title VII. They also may not receive pay benefits. This could include minimum wage or overtime pay. Contractors may also pay higher self-employment taxes.
Employers cannot legitimately treat you as an independent contractor if you are not independently involved in their line of work. If the standards outlined in the law are not met, a seasoned salary and independent contractor misclassification attorney in Prince William County may advise about actions that could lead to remedy.
The Right to Overtime Pay
Federal law requires that employers pay time-and-a-half for overtime work to all covered employees. This applies to salaried workers and misclassified independent contractors. Employees are entitled to the wages for their extra work if they are not exempt from the overtime law.
The law does not base the test for exempt vs. non-exempt employees on how payment or job title. Exemptions are based on a person’s actual job duties. It may be vital to fully examine one’s job functions with an attorney to determine the validity of a legal claim.
Some employers will incorrectly treat salaried employees or management employees as exempt from overtime. Similarly, the law does not allow an employer to avoid paying overtime by treating an employee as an independent contractor. Employees with concerns about whether they are owed overtime or other unpaid wages may wish to get in contact with a Prince William County attorney with experience in salary and independent contractor misclassification cases.
Get Help From a Prince William County Salary and Independent Contractor Attorney
Workplace issues often become an uphill battle for employees trying to fix situations on their own. Getting legal advice from a lawyer with experience handling work-related problems may be a crucial step to remedy your employment concerns.
A Prince William County salary and independent contractor misclassification lawyer at the Spiggle Law Firm could investigate your case and help you understand your rights. If you were improperly classified or unfairly compensated, your employer may be liable for unpaid wages or other damages. Contact us today to schedule a consultation or use our free case assessment tool to learn the potential value of a claim.