An independent contractor is not technically an employee and employers frequently misclassify employees as independent contractors as a way of avoiding paying him or her overtime and minimum wage. Usually, employers may call employees independent contractors and pay him or her on a 1099 basis. There are numerous factors regarding someone being classified as an independent contractor as opposed to an employee. If you feel like you have been incorrectly classified as an independent contractor or if you are an independent contractor who has not received the benefits you are entitled to, contact a lawyer today. One of our experienced attorneys could work tirelessly by your side to file independent contractor wage claims in Chattanooga.
Differences Between Independent Contractors and Employees
Whether a person is an independent contractor or an employee is based on his or her job duties. There is a multi-part test the court uses to determine whether a person is an independent contractor or an employee. This test includes things like whose equipment and tools is the person using. If he or she is using the employer’s tools and equipment and vehicle, he or she is more likely to be an employee. However, if he or she is bringing his or her own tools, using his or her own work trucks, his or her own tools, the person is probably an independent contractor.
If he or she is paid by the job as opposed to by the hour, he or she is more likely to be an independent contractor. If the person makes his or her own schedule and does not necessarily report to anyone directly, he or she is presumably an independent contractor.
Issues Regarding Wage Hours and Classification
The major reasons that an employer will classify people who are actually employees as an independent contractor is because the employer wants to avoid paying taxes. The employer may also do this so he or she does not have to provide workers’ compensation coverage or other worker benefits. Someone’s classification is based on his or her job duties, and it is not the employer’s decision on how to legally classify the worker. If someone has any issues regarding independent contractor wage claims in Chattanooga, he or she should hire an attorney immediately.
Important Factors in a Claim
There are several different circumstances that a court looks at in determining whether somebody is an independent contractor or an employee. One of the most obvious factors is who provides the equipment, the supplies, and the tools for the job.
Also, the duration of the relationship is a factor. If the employer and employee have been working together consistently for a number of years, the situation looks more like an employer-employee relationship. If the two work together on a regular schedule, five-days a week, the situation is more like an employee-employer relationship. However, if the duration is short term, or there are one-off jobs that someone might work, the circumstances then seem like an independent contractor relationship. The method of payment and the terms of the work schedule are essential to the claim also.
Contacting an Attorney
People should know not to automatically accept what the contractor or employer says about whether a person is an independent contractor or an employee. The determination is based on the nature of the relationship and the job duties. Even if a person is classified as an independent contractor, he or she might still have a claim for overtime. If you have any questions about independent contractor claims in Chattanooga, do not hesitate to call one of our dedicated lawyers to schedule a consultation.
