Employees Misclassified as Independent Contractors

A common exemption under the Fair Labor Standards Act (FLSA) is for individuals who are “independent contractors.” Independent contractors do not have the same rights as employees. Unfortunately, it is also very common to be misclassified as an independent contractor under the FLSA. When it comes to the independent contractor misclassification, individuals are often missing out on more than wages — they are typically denied retirement plans, insurance, and other types of benefits commonly received by employees.

Our Brownstown unpaid wages and overtime attorneys will help you determine if your rights have been violated. Located in the Downriver area, we fight for employees and workers all over Michigan. We welcome you to contact us online, by email or by phone. Our phones are staffed 24 hours a day for your convenience, and we offer flexible scheduling to meet your needs.

Has Your Employer Labelled You as an Independent Contractor But Treats You Like an Employee?

It can be a difficult task to determine whether or not you qualify as an independent contractor, but generally, to qualify for the exemption you need to consider the following criteria:

  • Is the work you are doing central to the employer’s business?
  • Does your employer have control of hiring or firing your team members?
  • Does your employer control or have the right to control how you perform your job?
  • Are the business aspects (such as how you’re paid, whether you get reimbursed for expenses, whether they provide tools/supplies, etc.) of your job controlled by the employer?
  • Does a written contract exist between you and the employer?
  • Do you receive employee-type benefits (such as vacation pay, insurance coverage, a pension plan, etc.)?
  • Will the “relationship” continue beyond a specific job performed?

If you answered “yes” to any of the above questions and have been labelled an independent contractor, you may be improperly classified! (The Department of Labor offers more information on whether you are an employee or independent contractor.)

An exclusive list of factors does not exist when determining whether or not an individual is an employee or an independent contractor and no single factor can help an individual make this determination. Independent contractor classification is always handled on a case by case basis.

If you have been improperly classified as an independent contractor, you may be a victim of unfair wage violations. Under the FLSA your employer may be forced to pay you for unpaid wages and unpaid overtime. Additionally, if your case is successful they will be required to pay your attorney fees and double the amount of wages they owe you in liquidated damages.

If you believe you may be misclassified, please contact our team of wage and hour lawyers at the Law Offices of Bryan Yaldou today. There is no obligation in setting up an initial consultation and they are always free.

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