Misclassification of Independent Contractors

Misclassification of Independent ContractorsMisclassification of employees is rampant in our “on demand” society. Employers classify workers as “Independent Contractors” or “1099 Contractors” in order to circumvent the extensive protections afforded to employees under federal and state laws. Because Independent Contractors are considered “self-employed,” they are not entitled to receive minimum wage, overtime compensation, workers compensation benefits, unemployment insurance, and other wage benefits that are required in a standard employer-employee relationship.

Federal and state laws have established numerous factors that are collectively weighed and considered when determining whether a worker is properly classified as an Independent Contractor. However, to save on labor costs, workers are often classified as Independent Contractors but have no greater autonomy and are otherwise treated no differently than regular employees. Such misclassification often occurs in the following industries and professions:

  • Transportation and trucking
  • On-call drivers and delivery persons, such as Uber and Postmates
  • Freelancers, such as non-union musicians, dancers, actors and models
  • Call center employees
  • Computer programmers and consultants
  • Personal assistants
  • Maids and other cleaning services personnel
  • Home healthcare providers
  • Beauticians and massage therapists

We are devoted to protecting workers’ rights and are extremely vigilant of such Independent Contractor classifications. If you believe you have been incorrectly classified as an Independent Contractor or have questions regarding your classification and rights, please contact our attorneys for a free and confidential consultation: (877) 476-7797.

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