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Misclassification: Claims Involving Overtime and Independent Contractors

J Goldman Law May 7, 2020

At The Law Offices of Jeffrey E. Goldman, we help clients throughout the New York metro understand the implications of job or title misclassification. In short, if your employer has misclassified you as an independent contractor, temp or as a salaried employee when you should be compensated hourly, you may be entitled to unpaid overtime as well as other forms of compensation.

Does Your Employer Owe You Overtime?

State and federal laws pertaining to employee classification can be difficult to understand for nonattorneys. If you are designated as an independent contractor, yet expected to fulfill the same obligations as regular employees, your employer may be using the misclassification to avoid paying benefits, overtime and other compensation that you rightly deserve.

A similar situation occurs in restaurants, retail and other industries where working long hours, covering for other employees and working doubles is the norm. In some cases, an employee may be designated as salaried when his or her job duties clearly fall under the role of an hourly worker. The employer may list the employee as salaried to avoid paying overtime, yet still ask that worker to cover shifts or work over 40 hours in a given week.

Some other benefits and compensation you may be missing out on include:

  • Unemployment benefits

  • Health insurance

  • Access to workers’ compensation

  • Contributions to Social Security

  • Contributions to Medicare

  • Minimum wages

  • Income taxes

  • Overtime

If you believe that your employer has misclassified you as an independent contractor or is otherwise illegally barring you from receiving overtime or other compensation, our team of lawyers can review your situation and help you take legal action. With more than 25 years of experience handling employment law claims in New York, we have held numerous employers accountable, and recovered substantial awards and settlements on behalf of our clients.

Are You Sure Your Status as An Independent Contractor Is Correct? Find Out.

Call and schedule a free, confidential consultation at The Law Offices of Jeffrey E. Goldman. Our office is located in Midtown Manhattan, and we work with clients in a variety of industries across the five boroughs and the surrounding areas.