Relief for people who are misclassified as Independent Contractors
Monday, September 07, 2009
Workers who are misclassified by their employers as independent contractors can finally recover they full value of the wages and benefits they should have received as an employee, but did not.
It has long been the case that an independent contractor who should have received overtime, if she was properly classified as an employee, is entitled to that overtime. But any confusion that may have existed regarding other benefits is now clear. If the company offers its other employees vacation pay and benefits, those too are now due to any misclassified contractors.
Briefly, the test for determining whether an individual has been misclassified as an independent contractor and should be considered an employee is a three-part test. Whether the individual is free from control and direction, whether the service provided is outside the usual course of the employer’s business and whether the individual customarily performs the work as part of an independently established trade, occupation, profession or business.
If you believe you have been misclassified as an independent contractor, give us a call.
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