Misclassification of Independent Contractors
Does your employer classify you as an independent contractor? Employers often can save money in taxes, overtime, and minimum wages by classifying workers as independent contractors rather than employees. Because of these cost savings, many employers take advantage of hard-working employees and misclassify them as independent contractors.
Courts look to a number of factors to determine whether a worker is an independent contractor or an employee including:
- The extent to which the services rendered are an integral part of the principal's business.
- The permanency of the relationship.
- The amount of the alleged contractor's investment in facilities and equipment.
- The nature and degree of control by the principal.
- The alleged contractor's opportunities for profit and loss.
- The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
- The degree of independent business organization and operation.
How you perform your work rather than your job title is important in determining whether you have been misclassified and are entitled to additional rights. Are you free to come and go as you please? Do you set your own hours? Does your employer provide the tools you need to perform your job duties, or do you provide them yourself? Do you work consistently for the same company, performing the same functions on different projects, or do you work on discrete projects for different employers?
Brady & Associates can help you determine whether you are an independent contractor or an employee.
Kansas City Employment Law Firm
Brady & Associates represents employees in a variety of wage and hour matters, including where employers have misclassified employees as independent contractors. We are experienced in helping determine whether you are an independent contractor or an employee. If your employer has misclassified you as an independent contractor, you may be entitled to unpaid minimum wage and overtime wages. For a free phone consultation, call our lawyers at (913) 696-0925, or contact us online.