Misclassification of employees as independent contractors is found in an increasing number of workplaces in the United States, in part reflecting larger restructuring of business organizations. When employers improperly classify employees as independent contractors, the employees may not receive important workplace protections such as the minimum wage, overtime compensation, unemployment insurance, and workers’ compensation. Misclassification also results in lower tax revenues for government and an uneven playing field for employers who properly classify their workers. Although independent contracting relationships can be advantageous for workers and businesses, some employees may be intentionally misclassified as a means to cut costs and avoid compliance with labor laws.

The Department of Labor recently published it guidance on whether an individual is an employee or an independent contractor.  Under the “economic realities” test most individuals are employees not independent contractors.  Read the DOL paper here. DOL Independent Contractor Test

If you have been misclassified as an independent contractor you may be owed unpaid minimum wage and overtime.

For a free evaluation of  your employment status contact me to discuss your situation.