Ringgold Employee Misclassification Lawyer

Employers may take many steps to avoid paying their fair share in taxes. This can include the misclassification of employees as independent contractors, a decision which can have a devastating effect on a worker if he or she subsequently lose the protections provided for him or her in the Fair Labor Standards Act. These protections include minimum hourly wages, rules controlling overtime pay, and the availability of medical leave.

Not only is the misclassification of an employee unethical, it is also illegal under federal law. The Department of Labor is dedicated to investigating and punishing instances of employee misclassification. A Ringgold employee misclassification lawyer could help you understand your rights as an employee and file an effective complaint aimed at recovering lost compensation. Contact one of our seasoned attorneys today to get started on your case.

Legally Defining Employees and Independent Contractors

There is no single piece of evidence that will establish a worker’s status as an employee instead of an independent contractor, or vice versa. Instead, the law examines the totality of a person’s employment situation when determining his or her status. Some common factors include:

  • The length and permanency of employment
  • The dependence of the worker upon the employer for equipment or workspace
  • The ability of the worker to set his or her own hours or rules
  • The presence of a supervising authority
  • Whether an employee must work onsite

In short, the law makes a decision as to whether a worker is performing his or her duties for the benefit of the employer, or for his or her own gain. While an employee is always given a wage for his or her work on behalf of someone else, independent contractors are seen as being in business for themselves, as reflected by his or her pay is recorded as 1099 income. Contact an accomplished lawyer for any more information.

Addressing Misclassification in Ringgold

All employer/employee relationships in Ringgold are governed by the Fair Labor Standards Act. This federal law is enforced by the Department of Labor—specifically, the Wage and Hour Division. This agency has the power to investigate and punish all instances of employer misconduct when it comes to wage abuses, of which the misclassification of an employee is a prime example.

People who believe his or her employer misclassified him or her must file a complaint with the Wage and Hour Division to trigger an investigation. The investigation may include an on-site inspection, interviews with witnesses, and the subpoenaing of documentation. If the agency decides that an abuse has occurred, they may file a lawsuit in a United States District Court on behalf of the worker.

These lawsuits can demand compensation for all pay lost as a result of a misclassification, as well as—under certain circumstances—additional payments intended to serve as deterrence against future abuses. A Ringgold employee misclassification lawyer can help people to file powerful and accurate complaints with the Wage and Hour Division to give him or her a better chance at triggering a proper investigation.

How a Ringgold Employee Misclassification Attorney Can Help

Any time that an employer misclassifies an employee as an independent contractor, they are cheating the employee out of valuable pay and benefits. Misclassified employees have the right to file complaints with the Department of Labor to demand an investigation. In turn, this agency has the power to file lawsuits in court on behalf of cheated workers to demand compensation. Further, as your lawyer, we can help you file a lawsuit even if the Department of Labor does not pursue the case.

A Ringgold employee misclassification lawyer could help with this process. Your attorney could assist you with understanding your rights under the law and filing powerful complaints against their workplaces. The time to file a complaint may be limited, so call today to get started on your case.