Employees Misclassified as Contractors
Our Ohio wage law attorneys can help you
If you are "1099'd" - that is, you have to fill out a 1099 instead of a W-2 - there is a possibility you may be misclassified.
Some employers try skirting the law by classifying workers as independent contractors, when the facts and the law require the employer to classify you as an employee. This is significant because many legal rights are available only in an employer/employee relationship - rights that you are now being denied as a misclassified employee.
If you believe there's been an error, take immediate action. Wage law violations are subject to statutory time limits. Contact Nilges Draher LLC, and one of our experienced Ohio wage law attorneys can review the details of your case to determine if you've been misclassified and assess your potential claim.
If appropriate, we can also help you pursue legal action to correct a misclassification and seek any financial compensation you may be owed. Our results speak for themselves - more than $26 million and counting recovered for workers in Ohio and across the country.
What is an independent contractor?
As the name suggests, someone classified as an independent contractor (or simply "contractor") works for a company but is not an employee. It's as if the employer engaged a company to perform the work, rather than hiring an employee. Some of the most common misclassified jobs include, but are not limited to:
- Construction workers
- Some truck drivers
In some cases, companies are correct in classifying such workers as independent contractors. But many businesses misclassify workers to save money on labor costs.
The serious consequences of misclassification
Employees classified as independent contractors typically pay more in taxes, and are responsible for paying their own taxes, including Social Security and Medicare. In addition, independent contractors do not fall within the legal protections of the federal or Ohio wage & hour requirements. Thus, an employer may wrongly classify you as an independent contractor to avoid paying you overtime, minimum wage, or benefits such as sick time or health insurance.
We fight for justice
Companies may save thousands or even millions of dollars by misclassifying a set of employees as independent contractors.
Analyzing proper classification is tricky, with more than one test depending on jurisdiction and on who's looking. For example, the IRS and the DOL have distinct (though similar) tests. We know how to handle these types of cases, and which tests and factors to apply to your situation.
Also, because misclassification is often a company-wide practice, collective actions involving a group of workers similarly misclassified as you are often the best course to remedy such wrongs. Whether individual or collective, we seek the best results for each and every client. Employers are on notice that if they are not willing to negotiate with us, we are prepared to take them to court and fight for you.
Put your trust in a law firm that puts your needs first. Contact us today and schedule your free case evaluation with an experienced wage law attorney who cares about you.