Employee Misclassification

Employee Misclassification

Employee misclassification is a type of labor violation that is gaining attention in our modern world. The “gig” economy we find ourselves in has led to an increased number of independent contractors who manage their own employment and benefits. The problem is that some of these independent contractors should actually be classified as employees. This is important because classification as an independent contractor is largely beneficial to the employer, who does not have to pay benefits. Employment is more advantageous for the employee, who gets more security and fringe benefits from the company employing them. Oftentimes, employers will misclassify people who should be employees as independent contractors to save money. 


We are here to put an end to it. 

Independent Contractor vs. Employee

In order to be legally considered an independent contractor, the following conditions must be met:


  • You must be free from the control and direction of the employer. The employer may not train you in your trade. For example, if the employer tells you how or when you must perform the work you were hired to do, you are likely an employee.
  • You must perform work that is outside the usual course of the employer’s business. For example, you can be hired as an independent contractor to provide HR services to a restaurant, but you cannot be hired as an independent contractor with cooking responsibilities since your services would be a part of their core business.
  • You must be customarily engaged in an independently established trade, business, or occupation of the same nature as the work you are doing. In other words, you must actually be operating as an independent business. 

If the behavioral, financial, and relationship criteria for independent contract work are not met, then you should expect to be hired as an employee.

What To Do If You Suspect Misclassification

The first step in a misclassification case is documenting why you believe you are being misclassified. Once your evidence is in hand, contact a labor attorney. The Benowitz Law Corporation legal team is happy to take on any and every misclassification case. Misclassification is a predatory behavior and we see it as our duty to help put an end to it. Don’t take misclassification lying down. Call us today.