Whether a worker is an “employee” or an “independent contractor” makes a big difference. Independent contractors are not entitled to many benefits that must be offered to employees, such as overtime pay, health and pension benefits, social security credits, protection against discrimination, and unemployment insurance. Some employers wrongly classify their employees as “independent contractors” to keep away from providing those benefits. It is in your best interest to recognize whether you are properly classified as an employee or an independent contractor. There are always noteworthy cases when employers mistakenly classified employees and independent contractors. In most cases, the company has agreed to pay hundreds of thousands of dollars to settle these cases. Courts use various tests for employees for deciding different issues, however, there are some common principles. In wage and hour instances, the attention is focused on the subsequent factors:
The courts will have a look at all the facts of a selected case and evaluate them to the ideal factors. Thus, the employees ought to understand that an agreement that he or she is an independent contractor, even though crucial, will not decide the case.
If you need professional help for your legal disputes on your employment status, contact Younessi Law today for a free consultation. We’re here to help and would love to hear your story and let you know what legal aid is available.
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