Cleveland and New York City Employees: Misclassification Costs Millions of Dollars in Lost Wages, Benefits, and Bonuses
Misclassification
Misclassified workers seeking full compensation for their labor have many avenues for relief.
Granovsky & Sundaresh Employment Law is an employment law firm representing workers who are fighting to receive the benefits and wages they deserve. Whether your employer has made an honest mistake or has deliberately misclassified you as a contractor, when you are really an employee, Granovsky & Sundaresh will help you fight to recover your full wages and benefits.
Independent Contractor or Full-Time Employee?
As the IRS explains, whether a worker is classified as an independent contractor or employee is based on two questions: 1) what is the employer’s degree of control over the worker and 2) how much independence does the worker have? These questions generally can be answered by looking at three different categories:
- Behavior of the employer and the worker (such as whether the employer can control what the worker is doing, and how and when the worker does his or her job);
- Financial matters (such as whether the employee can have expenses reimbursed by the employer, or whether the employer provides the tools the employee needs to do the job); and
- Type of relationship between the employer and the worker (such as whether the employer provides benefits, or whether there is a written employment contract).
In general, the more control the employer has over the worker and the more reliance the worker has on the employer (and the less the worker is independent), the more likely it is that the worker is an employee. When a worker is more independent less controlled by the employer, the more likely the worker is an independent contractor.
OTHER FACTORS THE PLAY INTO WHETHER SOMEONE IS AN EMPLOYEE OR CONTRACTOR INCLUDE:
- Extent to which the employer or business can exercise control over the worker’s work (such as how the work is done and when it is done);
- Extent to which the worker is engaged in a distinct occupation (the more distinctive, the more likely the worker is an independent contractor);
- Extent to which the work being done is conducted with or without supervision from the employer (less supervision points toward the likelihood of an independent contractor classification);
- Level of skill required in the work or occupation (the more skill required, the greater the likelihood of an independent contractor classification);
- Extent to which the employer supplies the equipment, materials, tools, vehicle, and/or physical space necessary to do the work (when the employer provides many of these things, the worker may look more like an employee);
- Length of time the worker is employed (longer term, continuous, and exclusive employment looks more like an employee classification than an independent contractor classification);
- Method of payment (when a worker is paid for the job done, rather than the time it takes to do the work, then the worker is more likely an independent contractor);
- Extent to which the work is part of the employer’s regular business (if a worker provides services essential or integral to the business, she or he is more likely to be an employee);
- Whether employer and worker believe they have an employer-employee relationship; and
- Whether employer is or is not in business (if the employer is an individual, and not a business, it is more likely that the worker is an independent contractor).
What Do I Do Next?
If you believe your employer has failed to pay you your full wages, you may have an opportunity to reclaim your money and more. Granovsky & Sundaresh has been laser-focused on employment law since 2010 and our attorneys have extensive experience with unpaid wage laws. We are well-versed in wage laws and can accurately analyze your case for free.
We are well known throughout the country for our:
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Over 50-years of combined employment law experience
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Total focus on employment law
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Super Lawyers® on staff
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Free and confidential case evaluations