Not everyone is an employee of one specific company with routine paychecks and a full benefits package. A number of people operate as independent contractors, negotiating their own fees and working for multiple companies. However, this leaves them vulnerable to labor violations, which a quality wage and hour attorney could investigate. If you believe you have been taken advantage of by an employer who you work for under contract, retain the services of a Cleveland independent contractor lawyer to fight for any wages you may have missed out on.
What is an Independent Contractor?
An independent contractor is a worker who, in contrast to an employee of a company, is considered self-employed in that they do not actually work for the company. They have a contract to either perform a specific isolated task for the company or they conduct their functions at the facility of the employer.
For instance, a truck driver could be an independent contractor for a company if they have their own truck, or they can take jobs from a variety of companies that are in need of deliveries. Being independent also means they can reject jobs if they choose to.
Independent contractors can go from company to company and take various jobs. Alternatively, someone like a mental health provider might have their own set of clients and set their schedule, perhaps at a certain facility. The facility might do the billing for them but it does not have control over how the job is done. In these situations, the contract might call for the facility to receive a certain percentage of the client’s fee.
What Are the Wage and Hours Rules for Self-Employed Contractors?
There are fewer rules when it comes to wages and hours for independent contractors, as they are not subject to the Fair Labor Standards Act. They are also not subject to most of the state laws that govern how many hours per week a person can work. Generally, the pay rules for these workers are dictated by the terms of their contract.
Independent contractors in some circumstances may have a limited term of employment for their job, with oversight by either the employing company or their own subcontracting company. An experienced lawyer in Cleveland could explain how the lack of wage and hour rules may impact an independent contractor’s case.
Misclassification in Independent Contractor Cases
Contractors in Cleveland are not subject to the laws governing wages, hours, benefits, or the timing of payments as most employees are. As a result, companies will sometimes misclassify employees as contractors to avoid these labor obligations.
Attorneys sometimes do not take employment discrimination cases from contractors because these individuals do not always know that they have labor protections. In some rare cases, the employer and worker might misclassify the employee as an independent contractor even though the parameters of their employment might make them a full employee under the law.
Furthermore, employers are prohibited from trying to discriminate on the basis of race, gender, and other characteristics by misclassifying someone as an independent contractor. A local attorney could determine if an employee has been misclassified as an independent contractor, and therefore did not provide the full wages or benefits they should have. A lawyer could also help by filing lawsuits that would aim to rectify the violations. In many instances, this is typically a failure to pay minimum wages, failure to pay overtime, or failure to include the employee in the company’s benefits plan.
Seek Help from a Cleveland Independent Contractor Attorney
Independent contractors do not have the benefit of numerous state and federal laws that protect their labor rights. However, that does not give companies the green light to take advantage of them. A competent Cleveland independent contractor lawyer could make the case for your recovering damages as a result of this mistreatment. Call Tittle & Perlmuter today for a free consultation on your case.
Cleveland, Ohio 44113