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Are you improperly classified as an independent contractor?

On Behalf of | Dec 19, 2024 | Business Litigation

Many workers face confusion and frustration when a company labels them as independent contractors instead of treating them like employees. This misclassification often costs them important rights and benefits. Workers may lose access to overtime pay, health insurance, and retirement plans. Understanding the difference between an employee and an independent contractor can help workers recognize unfair treatment and join together to seek justice through a class action.

Recognizing the signs of misclassification

Certain factors can reveal if a worker’s role fits the definition of an employee rather than an independent contractor. Federal guidelines often measure the degree of control that the company holds over a worker’s tasks and schedule. Workers who must follow strict instructions about when and how to work, and who rely on company-provided tools to do their job, tend to qualify as employees. This distinction matters because employees generally have a right to fair pay, safe working conditions, and other benefits.

Why proper classification matters

Improper classification lets companies avoid costs like overtime pay, unemployment insurance, and Social Security contributions. This shift places a heavier burden on workers, who might struggle to cover their own taxes, health care, and retirement savings. When workers discover that their job duties and time commitments look more like those of an employee, they often realize they have missed out on important protections. Recognizing this helps them stand up for fair treatment.

How class actions offer strength in numbers

One worker may feel powerless to challenge a large company. But when many people band together in a wage class action lawsuit, they gain strength and credibility. Class actions allow a group of workers to pool resources, share stories, and hold companies accountable. This team effort can lead to better outcomes, such as back pay, restored benefits, and stronger policies for future hires.

Moving forward with clarity

Workers who suspect that a company misclassified them as independent contractors should learn the signs and stay informed about their rights. Armed with knowledge and collective support, they can take action to restore fairness, receive proper compensation, and protect their well-being.

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