Richmond Salary & Independent Contractor Misclassification Lawyer
When employers illegally misclassify employees as independent contractors, those employees may lose out on many benefits. Sometimes, this misclassification is due to a lack of understanding from the employer, while in other cases employers may act deliberately to cut costs. Either way, the action is illegal, and a misclassified employee may be entitled to compensation to make up for their losses.
A seasoned Richmond salary and independent contractor misclassification lawyer could evaluate your situation and explain your options if you believe your employer has violated laws concerning salary or your employment classification. An experienced employment law attorney from the Spiggle Law Firm could help you assert your rights and efficiently pursue a positive outcome.
Misclassification and Subsequent Losses
Federal and state laws guarantee certain protections for employees that are often not available to independent contractors. When people set out in business on their own and choose to operate as independent contractors, they forgo these benefits in exchange for other considerations and flexibility.
However, when workers operate under conditions where they are treated like employees yet receive none of the benefits and protections, they may lose out unfairly. Some of the potential disadvantages of working as an independent contractor include:
- Lack of eligibility for workers’ compensation benefits
- Lack of eligibility for unemployment benefits
- The contractor must pay the employers’ share of payroll taxes for Social Security and Medicare
- Overtime provisions do not apply
- Minimum wage provisions do not apply
In addition, independent contractors generally do not receive benefits that may be offered to other employees, such as paid holidays. A dedicated Richmond salary and independent contractor misclassification attorney could help you pursue benefits you have unfairly been denied by being misclassified as an independent contractor.
Determining a Worker’s Exemption Status
The process of determining which benefits and protections should apply in a situation can be challenging. Federal and state governments both have criteria for determining whether a worker should be considered an employee or an independent contractor. A skilled salary and independent contractor misclassification lawyer in Richmond could ascertain the protections that should be available in a particular case.
Several factors are considered when determining whether a worker should be treated as an independent contractor. One primary consideration is the work schedule. When workers set their own hours, they are more likely to be considered independent contractors.
Additionally, independent contractors frequently provide their own tools and work for more than one company. In general, when a worker determines how and when they perform work, that is likely to indicate independent status.
Exemptions from Wage and Hour Laws
Even when a worker clearly operates under the control of an employer as an employee, they may be exempt from requirements such as minimum wage and overtime requirements. However, the guidelines for eligibility for exemption are currently drawn more narrowly than in the past.
Many employees believe they are not entitled to receive time and a half pay when they work more than 40 hours a week because they are paid an annual salary rather than on an hourly basis. However, if their jobs do not meet certain specific requirements, they are not exempt and therefore are entitled to overtime pay.
Contact a Richmond Salary & Independent Contractor Misclassification Attorney Today
Whether intentionally or not, employers often end up cheating workers out of valuable benefits by misclassifying their employment status. If you are being paid as an independent contractor and believe you should be treated as an employee, you may want to seek legal assistance and advice.
Once retained, a knowledgeable Richmond salary and independent contractor misclassification lawyer could review your situation and explain your legal options. To receive a free online case review from the Spiggle Law Firm, click here.