Many companies misclassify employees as independent contractors to avoid providing them with overtime compensation and/or employee benefits. Employers are tempted to mislabel employees as independent contractors to avoid paying state and federal taxes and benefits to that employee. If you have been misclassified as an independent contractor instead of an employee, we can help you receive back wages and benefits.

Employees incorrectly and illegally classified as independent contractors may be entitled to the benefits and compensation that they would have received if they had been classified correctly, plus damages.

Am I an Independent Contractor?

According to the IRS, employment status is determinable through three categories: behavioral control, financial control, and the business relationship.

If the following are true, then you may be an independent contractor:

  • I get to decide when and where to perform my work.
  • I work for more than one company on a daily or weekly basis.
  • I buy and bring my own tools and supplies to perform my job.

If the following are true, you might be misclassified:

  • Someone tells me what to do and when to do it.
  • My employer closely monitors me.
  • I attend employee safety meetings.
  • I use the same facilities as company employees.
  • I work side by side with company employees.
  • I do not get to decide when to come in to work. I have a strict schedule.
  • I’ve been working for the same company for a long period of time. 

Have you been misclassified as an independent contractor?

If you think you’ve been misclassified or have questions about your independent contractor status, contact us today for a free and confidential evaluation. If you have a claim, we can help you receive the back pay and benefits you deserve.