Have I been misclassified as an Independent Contractor?

As an “employee,” your boss has to pay minimum wage, overtime, withhold payroll taxes, and contribute to Unemployment Insurance, disability insurance, and Workers’ Compensation.  In addition, you are eligible for fringe benefits offered by your employer – like health insurance, dental insurance, and pension plans (such as a 401(k) Account).  Many employers wrongfully misclassify employees as “independent contractors” to avoid paying the above wages, withholdings, and benefits.

But if your employer exerts sufficient control over your duties – by directing the type of work you perform, where you work, when you work, supplying equipment, reimbursing expenses, providing sick days, and other factors – then you are an employee.  This entitles you to minimum wage, overtime, State benefits, and fringe benefits.

By misclassifying employees as independent contractors, your boss steals from you and the government.  If your boss is not compensating you properly, you may recover double damages, as long as you can prove your boss cheated you intentionally.  You can collect damages six years from when you file a complaint, and your boss will likely be personally liable for these damages.  He may also be liable for additional damages.

Don’t let your boss keep money you earned.  Click on WHAT CAN I DO ABOUT IT? to recover money your boss has stolen from you by misclassifying you as an independent contractor.

(Photo by Paul Keleher)