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An independent contractor relationship is one where the individual doing the work typically does so through a separate business (which could be a sole proprietorship or an incorporated entity) that offers the similar services to others.
“If ever in need of a great attorney. I highly recommend Brandon Hall. His work ethic alone sets him apart from most attorneys.”
– MalcolmTraditional examples of independent contractors include a roofer or landscape company that you might hire to work on your house. In recent years, some employers have been hiring workers that they’ve classified as “independent contractors.” This means that the employer is not required to pay payroll taxes for the worker or comply with state or federal wage and hour laws.
In many cases, employers have misclassified their employees as independent contractors to be able to underpay them and avoid payroll tax liabilities.
If you believe that you’ve been misclassified as an independent contractor, you need to speak with a knowledgeable independent contractor attorney. The team at The Employment and Commerce Law Group can determine whether you may have been misclassified and can help you seek the pay and benefits that you are owed.
Under the law, a worker is presumed to be an employee of the company that hires the worker. Various state and federal agencies have slightly different tests to determine whether a worker should be classified as an employee or as an independent contractor.
All the tests for classification tend to look at the same set of differences between employees and independent contractors, including:
Although various government agencies have specific independent contractor test with different sets of factors, the Department of Labor test incorporates many of the same factors as the various federal and state agencies’ tests.
The Department of Labor considers whether a worker qualifies as an employee or independent contractor under the Fair Labor Standards Act (FLSA), which the U.S. Supreme Court has ruled includes factors such as:
Other factors are immaterial to the employee versus independent contractor analysis, such as if the work is a performance, how the parties have titled their relationship, whether the worker is licensed, or the time and mode of payment. Finally, it should be noted that no one factor is necessarily decisive.
Wage and hour laws do not apply to properly classified independent contractors. That means that an employer is not required to pay an independent contractor a minimum wage or a minimum salary or pay overtime.
However, if a government agency or the courts determine that a worker was misclassified as an independent contractor, he or she will be entitled to any pay he or she would have been entitled to under the FLSA or applicable state wage and hour laws.
If you believe your employer has misclassified you as an independent contractor, a Nashville independent contractor lawyer can help you by reviewing the circumstances of your case to determine whether you may have been incorrectly classified.
The dedicated and experienced legal team of The Employment and Commerce Law Group can help you pursue relief and compensation from an improper classification, including filing a complaint with the appropriate state or federal agencies.
Our legal team will negotiate with your employer on your behalf to get you any additional pay you may be entitled to under wage and hour laws, in addition to compensation for payroll taxes that should have been paid by your employer had you been properly classified as an employee. If necessary, our legal team will help you pursue your claim in a lawsuit.
Don’t delay pursuing the compensation you are legally entitled to. Contact us today to schedule a consultation to discuss your case and your legal rights and options.
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