Fort Oglethorpe Employee Misclassification Lawyer
Both federal and state laws provide various protections to employees, including minimum hourly wages, family leave, and employer-provided health insurance. Unfortunately, employers sometimes attempt to circumvent these protections by labeling workers as independent contractors. This allows employers to avoid providing certain benefits to their workers and lessens their overall tax bill.
The law is complicated when determining whether a worker is an employee or an independent contractor. There is no single factor that determines this classification; instead, individual employees must examine the entire nature of their relationship with their employer.
A Fort Oglethorpe employee misclassification lawyer could help you evaluate your work status. If you are improperly labeled as an independent contractor, you have the option to file a complaint with the Department of Labor to demand payment for any compensation or benefits you lost as a result. Work with one of our experienced FLSA attorneys that could pursue a positive outcome for you.
Employees vs. Independent Contractors
It is essential that every worker understands his or her status as either an employee or an independent contractor. This will affect the responsibilities that his or her employer has concerning the rights afforded to—and tax obligations required for—him or her by law.
An employee is a worker who is vital to a business’ normal day to day activities, and who is also dependent upon the employer for his or her economic well-being. By contrast, an independent contractor is in business for himself or herself and are generally given work on a case by case basis for short periods of time.
There is no single factor that marks the difference between an employee and an independent contractor, but an examination of an employee’s status considers the entirety of his or her relationship with the employer. Elements can include:
- Equipment provided by an employer
- If the job must be completed on site
- If a worker can choose their own hours
- If the worker is given specific targets or deadlines
- The extent to which an employer controls the rate and quality of work
A Fort Oglethorpe employee misclassification lawyer could help workers examine their employment situation to determine if they were misclassified as an independent contractor.
What Options Do Workers Have?
The Fair Labor Standards Act governs the concept of an employee/employer relationship. This is a federal law that oversees most employment in the United States. As such, the Department of Labor has the ability to oversee all aspects of this law and appropriately punish any violations.
Any time that a workplace misclassifies a worker, they violate the law. Workers who are misclassified have the right to file a complaint with the Wage and Hour Division of the Department of Labor. In essence, a worker will complain that he or she had wages and benefits illegally withheld as a result of an employer’s improper classification.
The Wage and Hour Division has the authority to investigate all allegations of employer misconduct. They can interview witnesses, conduct on-site investigations, and collect documentation to build a case against an employer. The agency can even file lawsuits in United States District Courts on behalf of workers to collect all wages and benefits that an employer illegally withheld.
Value of a Fort Oglethorpe Employee Misclassification Attorney
A worker’s classification as either an employee or an independent contractor has a powerful effect on his or her rights. Employees enjoy protections provided by federal law concerning minimum wage, overtime pay, and worker provided benefits, while independent contractors are essentially self-sufficient businesspeople.
When employers misclassify workers as independent contractors, they significantly lessen their responsibilities towards their workers. This can include paying them less and reducing their benefits. Misclassifying employees is a violation of federal law, and the Department of Labor investigates allegations of this misconduct.
If you believe you were misclassified by your employer, a Fort Oglethorpe employee misclassification lawyer could help you file a complaint with the Department of Labor and follow through on collecting lost wages and benefits. Contact a local attorney today to schedule an appointment to discuss your case.
