My Employer Says I Am an Independent Contractor. Why Does That Matter?
My Employer Says I Am an Independent Contractor. Why Does That Matter?
Being called an independent contractor can affect many parts of a working relationship. It may affect wages, overtime, breaks, reimbursements, taxes, benefits, unemployment, and other workplace protections.
If your employer says you are an independent contractor but the job feels like regular employment, it may be worth speaking with an employment attorney who can review the facts. Prime Attorneys can help connect you with attorneys who may be able to review worker classification questions. Call or contact us for a free consult.
The label is not always the whole answer
A written agreement may say that a worker is an independent contractor. A worker may receive a 1099 instead of a W-2. The company may not withhold payroll taxes. Those facts may matter, but they do not always end the question.
Classification can depend on how the work relationship actually operates. An attorney may want to understand the level of control, schedule, tools, supervision, ability to work for others, type of work, and the written agreement.
Why classification can affect pay and workplace rights
If a worker is properly classified as an employee, different wage and hour rules may apply than if the worker is a true independent contractor. Classification questions can affect minimum wage, overtime, meal and rest breaks, expense reimbursement, payroll taxes, workers compensation, unemployment benefits, and other issues.
That is why the classification question can become important even when the worker only started by asking, “Why am I not getting overtime?” or “Why am I paying all these expenses myself?”
What facts may matter
Before speaking with an attorney, think about how the work actually happens. Who sets your schedule? Who tells you how to do the work? Do you use your own tools or company equipment? Can you hire helpers? Can you work for other clients? Are you supervised like employees? Does the company require training, meetings, scripts, uniforms, or policies?
Also gather your written agreement, pay records, 1099 forms, invoices, messages, job instructions, training materials, schedules, and any policies the company required you to follow.
If you are unsure where to start
Many workers do not know whether they are employees or independent contractors. That is normal. The purpose of a consultation is not to decide the classification yourself. The purpose is to explain the facts so an attorney can review whether the classification may raise questions.
Prime Attorneys can help connect you with attorneys who may be able to review your situation. Call or contact us for a free consult.
FAQ
Not necessarily. The tax form is one fact, but worker classification can depend on the actual working relationship and applicable law.
Classification may affect overtime, breaks, wages, reimbursements, taxes, benefits, unemployment, and other workplace protections.
Gather the written agreement, invoices, pay records, 1099 forms, schedules, messages, job instructions, and any company policies or training materials.
An employment attorney may be able to review the facts of the working relationship and explain what information may matter.
Prime Attorneys can help connect you with attorneys who may be able to review employee versus independent contractor concerns.
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