In order to classify you as an independent contractor or as an exempt employee, your employer must first meet specific criteria. If you are misclassified by your employer, you may be cheated out of money on a daily basis. In many cases, it is obvious that a worker who is classified as an independent contractor should instead be classified as a statutory employee. People who work in nearly all industries are hurt by misclassification schemes. The attorneys at Swartz Swidler have listed signs that your employer may have misclassified your status as an independent contractor.
Signs that you are misclassified as an independent contractor
You may be misclassified as an independent contractor if any of the following apply:
- You are able to quit or your employer can fire you at any time for any reason;
- Your employer has control over how you complete your job;
- You normally work under supervision;
- Your work is ongoing instead of your job ending when the contract period is over;
- You are trained by your employer to do your job in a specific way;
- You are required to complete assigned tasks and are unable to hire assistants to help you;
- The work you perform is part of the daily business operations, and the business’s success depends on the work that you perform;
- Your services are not available to the general public and are generally only available to the employer;
- Your work is an integral part of the business, and you rarely offer to work for someone else;
- You work according to an established schedule rather than choosing when you will work;
- You are required to work at your employer’s location or at a location that they employer chooses;
- You are paid by the hour or by salary on a set schedule;
- Your employer controls the order in which certain tasks must be completed by you;
- You are provided tools and materials to complete the job by the employer;
- You normally work for one business instead of working for multiple customers simultaneously; and
- You consider yourself to be an employee.
If you are not certain whether or not your employer has misclassified you, you should seek guidance from an experienced employment law attorney. You may be able to recover the wages that you should have received for up to three years worth of back pay. Contact Swartz Swidler today to learn more.
