Are you an employee who has been misclassified? Is your overtime or minimum wage being denied? Do you have a discrimination claim against your employer? Give us a call today!
Employee misclassification is one of the most common employment law violations in New York. Misclassification cases are often complicated and can be difficult for employees to prove, especially when employers move quickly to conceal their actions.
The best way to protect yourself from misclassification is to speak with an attorney from the law offices of Levine & Blit as soon as possible after you become aware that you may have been misclassified. We will discuss whether there was any wrongdoing on your part and determine if you should pursue legal action.
What Does Misclassification Mean?
Misclassification occurs when an employer treats its workers as independent contractors rather than employees. An employer can intentionally or unintentionally deny a worker employee benefits to which that worker is entitled. Besides being unethical, misclassifying an employee violates federal law.
Why Do Employers Misclassify an Employee?
An independent contractor is not protected by the same labor law that protects other employees. A misclassification denies workers their right to receive wages, overtime pay, health insurance benefits, unemployment insurance, worker’s compensation, and other essential protections afforded by federal and state laws.
Employers often do this to avoid paying payroll taxes, social security, and Medicare for these workers. Workers are also frequently misclassified to avoid providing workers’ compensation coverage, which could result in significant personal injury claims.
If you believe you have been misclassified, please contact our law firm immediately. Our New York employment lawyers can offer a free consultation to help you understand how we can assist you.
What Can You Do If You Are Misclassified?
Employees in New York are entitled to various federal labor protections, such as the right to receive overtime compensation and minimum wage protections under the Fair Labor Standards Act (FLSA).
If you have a reason to believe that your employer misclassified you, here are some steps to correct your classification.
Discuss It With Your Employer
Start by discussing with your employer why you believe that you are misclassified as an independent contractor instead of an employee. If your employer classifies you as an independent contractor, you may ask them to reconsider that classification or provide more information.
You can also request documents related to the company’s classification decisions. These would typically include job descriptions, employment contracts, employment agreements, and any other documentation that proves that your position requires independent contractor status.
Contact the IRS
If your employer refuses to answer your questions about your classification or doesn’t provide a satisfactory answer, you can contact the IRS. You can request that the IRS determine your employment status for federal taxation purposes. You can do this by filing IRS Form SS-8, Determination of Worker Status for Federal Employment Taxes and Income Tax Withholding.
Get Legal Help
If your employer refuses to change its classification decision, you can seek legal help. A skilled employment lawyer can help you determine whether you qualify as an employee or independent contractor. In addition, an experienced employment law attorney can advise you on how best to proceed with any legal process.
Let Our Decades of Experience Work for You
Are you concerned that you may lose out on unpaid wages, unemployment benefits, medical benefits, disability benefits, or workers’ compensation? An experienced Levine & Blit New York City employment lawyer can help workers with a wide range of employment law matters, from unpaid wage law to sexual harassment to age discrimination.
Call us today at (212) 967-3000 to schedule a free consultation for any employment-related matters.