There are many people in the United States working as independent contractors in a completely legal way. Unfortunately, it is not uncommon for employers to take advantage of some workers by wrongfully classifying them as independent contractors and withholding additional wages and benefits they would otherwise be afforded as a full-time employee of the company.
Why Misclassification of Independent Contractors Is a Problem
Employees who are misclassified as independent contractors are still getting paid, but they are not receiving everything they are entitled to. They are not protected by minimum wage laws, do not receive overtime pay, are not protected under the Family and Medical Leave Act (FMLA), and cannot receive unemployment insurance. Additionally, this can result in losses to the U.S. Treasury, Social Security, Medicare, and state unemployment insurance and workers’ compensation funds because the independent contractor is not paying into them.
Honest employers are also affected: they end up paying more for their employees than employers who are being dishonest with identifying employees as independent contractors.
Do You Know Whether You're an Independent Contractor or an Employee?
Independent contractors are just that—independent. In most cases, they have control over how many hours they work, what types of projects or jobs they accept, and when they work.
Our Indiana employment law firm has represented individuals in a variety of industries who have been falsely labeled as independent contractors. It is not uncommon to find these unfair practices in the health care field, construction, lawn care, janitorial or maid services, and the restaurant business.
This problem began to grow during the recession as struggling employers sought ways to cut corners; unfortunately, many of them didn't stop this abusive practice, even when business began to turn around.
Find Out If You Have Been Cheated Out of Overtime Pay and Other Important Benefits
Think you may be the victim of misclassification by your employer? Contact The Law Office of Robert J. Hunt, LLC in Indianapolis for a completely free initial consultation. If we find that you have not been getting the pay you deserve, we will outline your options to move forward with no obligation that you hire us to represent you.