Barrera & Associates, Attorneys

phoneRequest For Consultation
424-352-0716

Employee misclassification: A problem across America

One of the biggest problems that employees run into is being misclassified. Sometimes, their employers act like they are not actually the boss, but they still hold the workers to the standards of any other employees. They may control them or tell them what to do. They may require a uniform or specific hours.

People who are misclassified as independent contractors have problems to deal with. For one thing, their freedoms as employees or independent contractors were violated. Secondly, they may have not been given:

  • Family and medical leave
  • Unemployment insurance
  • Minimum wage
  • Overtime compensation

They may also have missed out on other important benefits and protections that they would have had if they’d been listed as employees.

Did you know that employers are not allowed to misclassify an employee for any reason? Even if you agree to be an independent contractor, your employer may still actually employ you. You aren’t considered to be an independent contractor just because you work somewhere offsite or have the flexibility to work from home.

You also aren’t an independent contractor just because you receive a 1099 tax form or because you are an independent contractor in another state. Your employer is required to understand employment law and to be sure to classify you and your co-workers correctly.

If you and your colleagues are incorrectly classified, then it’s time to speak up. Employee misclassification can be corrected, and you may be entitled to back wages, benefits or other awards as a result of the misclassification that you’ve dealt with. Our website has more on class action lawsuits over the misclassification of employees and what you can do to file a claim.