Dalton Employee Misclassification Lawyer
Why do employers deliberately misclassify employees? In doing so, they can save themselves from paying health insurance and workers’ compensation along with Social Security, unemployment, and Medicare taxes.
Such workers do not receive vacation time, paid sick leave, or payment for holidays. Employers can also cheat workers out of federally mandated overtime pay.
In Georgia, thousands of workers suffer due to employee misclassification. If your employer misclassified you, a Dalton employee misclassification lawyer could help you get the wages and benefits you deserve.
Qualifying as Employee Misclassification
Employee misclassification occurs in several ways. Perhaps the most common is identifying a worker who is really an employee as an independent contractor. If a person works only for that employer, uses only company equipment and does only what the employer tells them to do, he or she is not actually independent contractors.
Under the federal Fair Labor Standards Act (FLSA), there are strict definitions about who qualifies as an independent contractor. The FLSA does not automatically consider someone an independent contractor if they work remotely or otherwise off-site or have flexibility concerning their hours. Even if a worker signs an independent contractor agreement with an employer, that does not mean he or she is necessarily an independent contractor. Neither does performing services as an LLC or other types of business entity. If an employer says certain arrangements for so-called independent contractors are standard industry practice, that is a potential red flag.
Independent Contractors in Dalton
True independent contractors must have independent authority in regard to his or her work. Several standards are used to evaluate this independence. These include:
- Freedom to work with other companies at the same time they are working for an employer
- No geographical or territorial limitations
- If in sales, no minimum amount of orders to fill
- The freedom to accept work or reject it
- Schedule setting discretion
- No direct oversight and only minimal instructions for the tasks performed
- Providing his or her own tools or work equipment
Although employee misclassification is rampant in many industries, it is especially common for certain types of employers to misclassify an employee as an independent contractor. These industries are construction, trucking, and in-home care.
Misclassified as Managers
Certain employees – executives, professionals and administrative personnel – are exempt from FLSA regulations. Another type of employee misclassification involves giving someone a managerial position when they are not really managers. By doing so, the employer is trying to avoid paying the employee overtime.
Any person, regardless of their title, whose weekly salary is less than $455, or $23,600 annually, is not exempt under FLSA. Therefore, they are entitled to overtime if they exceed 40 hours per week.
If a manager does not oversee the work of at least two full-time employees, they are not considered managers for FLSA purposes. Managerial duties must also include input into employee hiring, firing, or promotions and assign work to employees. Simply being paid a salary instead of an hourly wage does not disqualify an employee from being entitled to overtime.
Contacting a Dalton Employee Misclassification Attorney
FLSA law is complicated. A lawyer could determine whether a worker is exempt or non-exempt from FLSA regulations. If it is the latter, an attorney could work to protect a worker’s rights and correct the classification.
If you believe your employer misclassified your job so that you do receive overtime and other benefits, you may need the services of a Dalton employee misclassification attorney. Call a lawyer today and arrange a free initial consultation.
