Marion County Employee Misclassification Lawyer

When employers elect to misclassify employees for the sake of monetary gain, not only is this illegal but employees who have been victimized could bring their claims to court. Workers have rights that protect them from employers seeking to benefit off of their hard earned labor. An attorney could help workers who have been cheated through misclassification. A Marion County employee misclassification lawyer could hold employers accountable for their irresponsible actions and get victims the compensation they deserve.

How Might an Employer Misclassify an Employee’s Working Status

An employer might misclassify an employee in a couple different ways. Employers could just pay employees salary and call them exempt when they are not exempt at all. For example, some job titles are clearly going to be required to be paid overtime and are not exempt.

If employers determine that they are going to pay employees a salary then that would be a misclassification. It would be considered an illegal pay scheme under the Fair Labor Standards Act.
Other situations might be where specific requirements must be met to meet each exception. Management employees who are paid salary frequently are not required to be paid overtime payments. However, management has specific requirements under the law. They have to be paid at least $495 per week. They have to be able to hire or fire, or at least strongly recommend hiring or firing, and they have to manage at least two or three employees.

An employer might refer to somebody as a manager of unit or department but they really do not have any real management responsibilities. They do not actually supervise employees. It is not the job title that determines whether they meet the exemption. It is actually what employees do in practice that determines whether they meet the exemption.

The Legal Difference between Independent Contractors and Employees

The legal difference between an employee and an independent contractor is based on a variety of factors. Unfortunately, many people assume that a W-2 or 1099 determines whether or not they are an employee or independent contractor. However, this is not the case. While these forms could play a role in determining whether someone is regarded as one or the other in court, the ultimate decision is based on the realities of the situation.

A court would look at things like who controls the work. If the employer determines when the employee works, what project the employee works on, what item the employee would work on this day, and the employer provides training and disciplines the employee, that makes the dynamic look like it an employer-employee relationship.

However, if instead the employee is free to pick what assignment they work on, where they go that day, when they begin their office hours and choices like that, then that makes it look more like an independent contractor. Similarly, the employer frequently provides the tools and equipment. In an independent contractor relationship, the contracted party frequently provides his or her own tools and equipment.

The pay structure is also considered. If the employee is paid by the hour or pay a salary, it looks more like an employee-employer relationship. If they are paid by the job or production, it might be more like an independent contractor relationship.

Connect with an Experienced Attorney Familiar with Employee Misclassifications

While it may not be immediately apparent, a misclassification for both employees and their employers could have negative legal ramification. The consequences for an employer could result in the inability to retain employees any longer. Perhaps worse-yet is that this is often a choice by employers and is unfair to employees. If you feel as though you are not classified properly you could be missing out on employee benefits, overtime pay, and a list of other entitlements. Reaching out to a Marion County employee misclassification lawyer is the first step toward holding an employer accountable. Call today.