Misclassification of Independent Contractors

Were You Misclassified As An Independent Contractor?

Many companies hire workers as independent contractors rather than employees to avoid expenses, including the payment of employee benefits, as well as to skirt the requirements of immigration laws. However, just classifying a worker as an independent contractor doesn’t mean he or she meets the legal definition. If you have been misclassified as a contractor, you may be entitled to compensation from your employer.

At Miller Shah LLP our attorneys have represented employees in lawsuits concerning the misclassification of employees as independent contractors and other violations of the Fair Labor Standards Act (FLSA) and similar state laws. We also represent employers in defending these claims. With offices in California, Connecticut, Florida, New Jersey, New York and Pennsylvania, we handle employment law cases throughout the United States.

What Is An Independent Contractor Worker?

The Internal Revenue Service (IRS) uses the 20 Factor test to determine if a worker is an independent contractor or an employee. Here are examples of the factors:

  • Training: Employees receive training from the employer. Independent contractors do not need training.
  • Equipment: Employees use equipment supplied by the employer. Independent contractors use their own equipment.
  • Hours of Work: Employees have a defined work schedule. Independent contractors do not.
  • Control over workers: Employers exercise direct control over how an employee does his or her job. Employers do not exercise direct control over independent contractors.
  • Integration: Employees are integral to the businesses’ operations and success. Independent contractors are just that: independent.

It is common for employers to incorrectly classify workers as independent contractors when, in fact, they are treated as employees. Our lawyers can review your relationship with your employer and determine if your position was misclassified. We usually handle employment law violations for employees as class actions, since many employees are similarly affected. For business clients, in appropriate cases, we also have defended such actions.


For more information on misclassifcation in New Jersey, read our article published in the New Jersey Law Journal.

For a discussion of your employment law casecontact Miller Shah or call 866-540-5505 to arrange a confidential and no-cost consultation with one of our attorneys.

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