employers cannot misclassify you for their own financial benefit
Everyday, workers are incorrectly classified for the benefit of their employers. Employers misclassify their workers by either misclassifying employees as independent contractors or misclassifying non-exempt employees as exempt employees.
Employers are incentivized by incorrectly classifying employees as independent contractors because employees are entitled to certain benefits and rights, which are not afforded to independent contractors. Usually, an individual who has set hours, is subject to control and direction over how the work is performed and performs work in the usual course of the business is an employee. Contrary, an independent contractor is an individual who chooses their own hours, has full control and direction over how to complete the work, and is free to engage in another business, trade, or profession.
Employers are also incentivized by incorrectly classifying non-exempt employees as exempt employees because non-exempt employees are entitled to overtime pay. Exempt employees such as individuals in executive positions, professional positions and administrative positions are not entitled to overtime pay. Some examples of executive positions include directors, managers and other department heads. Some examples of professional positions include lawyers, doctors, dentists, and teachers. Some examples of administrative positions include HR personnel, computer support personnel, and accounting personnel.
If you are being misclassified, it is important that you immediately contact Nahavandi & Azimtash LLP for a free case evaluation. Our attorneys have substantial experience in labor and employment law and you will not pay any attorney fees unless there is a recovery.