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.
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:
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 misclassification in New Jersey, read our article, After Eventful 2019, NJ Positioned as Leading Pro-Employee State, by Miller Shah Associate John C. Roberts, published in the New Jersey Law Journal.
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