Employee Misclassification
Labor and employment laws at both the state and federal levels are known to be ambiguous with poorly-defined parameters around important business classifications. Without the proper legal definitions that distinguish exempt from nonexempt employees as well as traditional employees from independent contractors, employee misclassifications often lead to legal claims that seek to recover unpaid wages and benefits.
At The Schipper Law Group, we represent individuals who have been denied their legal rights, protections, and wages due to improper employment classifications. From workers in management positions who have been misclassified as exempt from overtime pay, to employees falsely categorized as independent contractors, we examine the laws and the unique terms and conditions of your working relationship to determine if a case is worth pursuing.
Due to the complex nature of the statutes regarding employment status and the standards that guide employers in discerning between the labor status of different types of workers, both intentional cases of misclassification and others that are executed in error can exist. Cases in which employers deliberately assign unlawful classifications in the interest of collecting the tax benefits or other financial gain tend to carry more extreme penalties and award higher compensation to claimants.
From the list of standards issued by the IRS to the widely used “ABC” test, the aim of employment law is to lawfully define the difference between employees and independent contractors. Traditional employees have historically been characterized by their fixed, onsite schedule in which they perform tasks for one employer over time. Independent contractors tend to assume more power over the conditions of their employment as well as legal and financial responsibilities that common law employees do not.
There are additional standards in wage law to determine if the employee is “exempt” from overtime and minimum wage laws or is otherwise “non-exempt.” For employees made to work an extraordinary amount of hours every week, this may be significant.
The Schipper Law Group represents claimants in cases of employee misclassification for workers improperly classified as employees, individual contractors, and exempt from overtime. We will thoroughly review the nature of your labor status, and if we determine that a claim should be pursued, we will guide you through the legal process to reclaim lost wages, benefits, and other squandered rights due to the unlawful employee misclassification. Contact us today to request a free case evaluation or call us at (248) 729‑2414.