Marion County Independent Contractor Wage Claims

A person’s classification as an employee or an independent contractor may affect the benefits he or she is entitled to and the pay he or she receives. If an employer misclassifies a worker to gain financial benefits, the worker may be entitled to legal recourse. Speak to an attorney today about Marion County independent contractor wage claims. Our seasoned FLSA attorneys could help you pursue the appropriate wage claims for your job position.

What is an Independent Contractor?

An independent contractor could technically not be an employee and employers might frequently misclassify employees as independent contractors as a way to avoid paying him or her overtime and minimum wage. Instead, employers may classify someone as an independent contractor and then pay him or her on a 1099 basis.

Whether a person is an independent contractor or an employee is based on his or her job duties. There is a multi-part test that a court could use to determine whether a person is an independent contractor or an employee which may include things such as whose equipment and tools is the employee using or is the person using.

Employee

A person may more likely to be an employee if:

  • He or she is using the employer’s tools and equipment and vehicle
  • He or she is paid by the hour
  • There is more of a set supervisor who determines the hours the person must work

Independent Contractor

An individual may more likely to be an independent contractor if:

  • He or she is bringing his or her own tools and equipment
  • The individual is using his or her own work vehicle
  • He or she is paid by the job
  • He or she makes his or her own schedule and does not necessarily report to anyone directly

Determining whether someone is an independent contractor is made on a case by case basis. If an individual believes he or she is incorrectly classified, then he or she should reach out to a lawyer who is knowledgeable about Marion County independent contractor wage claims.

Determining Whether Someone is an Employee or an Independent Contractor

There are several different factors that a court may look at when determining whether a person is an independent contractor or an employee. A person may be an employee if he or she has consistently worked for the employer for a number of years. If the individual works a typical five-day-a-week schedule, then he or she is likely an employee and not an independent contractor. Another factor is if the employer decides when the person works, what time or she shows up, and when he or she can go home from work.

Independent contractors typically work for someone on a short-term basis. He or she may also have other on-off jobs that he or she may work. If someone is an independent contractor, the individual may not be eligible for certain benefits such as overtime and workers’ compensation.

A Lawyer Could Help Pursue Marion County Independent Contractor Wage Claims

Sometimes it can be difficult to determine whether you are an employee or an independent contractor. Therefore, it may be in your best interests to reach out to an attorney. One of our accomplished lawyers could help you pursue Marion County independent contractor wage claims so that you could get the compensation you deserve for your hard work. Call today to set up a consultation.

Marion County FLSA Lawyer