Employers in Ohio routinely attempt to skirt their legal responsibilities to their workforce by misclassifying their employees as independent contractors. This is an important distinction, as contractors generally have far fewer rights and protections under the law. A dedicated wage and hour attorney could advise someone on whether or not their employer has misclassified them and how that might impact their earnings.
If you believe you are wrongfully classified as an independent contractor, you could be entitled to pursue legal action. An Elyria salary & independent contractor misclassification lawyer could evaluate your employment status and advise you if your rights have been violated.
Not every person that works for a business is an employee. Some of them work as independent contractors. Independent contractors work for themselves but can perform freelance tasks for other businesses. This allows businesses to hire temporary or part-time help that does not exclusively work for that business, without classifying these workers as employees.
There are many professions who are more likely to face classification issues than others, such as truck drivers, construction workers, and housekeepers. Whether or not a worker is a full-time employee depends on the scope of control the employer has on their work. One of the essential factors is whether the worker is free to work for someone else.
It is not always straightforward to identify if a worker is misclassified as a contractor. An attorney could help an Elyria worker determine if their independent contractor status is misclassified or if their salary rights were violated.
When it comes to the misclassification of an employee as an independent contractor, there are important consequences to consider. In many cases, contractors will face a higher tax burden than employees. In addition to standard income taxes, contractors could face self-employment taxes or other obligations that are exclusive to them. This can work out to roughly twice the cost of Social Security and Medicare taxes in some cases.
Additionally, independent contractors are typically paid less. While state and federal laws mandate a minimum wage for employees, there are no requirements regarding pay for a contractor. Likewise, employers do not have to pay contractors time and a half for overtime.
Employers are required to deduct payroll taxes from their employees prior to cutting a paycheck. The same requirements are not in place for independent contractors. These deductions simplify the tax process for employees, but make it more likely that independent contractors will incur more accounting costs or make a mistake while handling their own deductions.
Employers frequently rely on the misclassification of employees to avoid paying for their sick leave or health benefits. Missing out on these benefits can result in thousands of dollars of lost compensation for a worker who is an employee in everything but name. A local salary and independent contractor misclassification attorney could advise a worker on whether or not their rights were violated.
If you feel you are being wrongly misclassified as an independent contractor, you could be entitled to compensation for your lost wages and benefits. Taking on these claims can be challenging, especially without experienced legal counsel at your side.
An Elyria salary and independent contractor misclassification lawyer could work with you to pursue the compensation you are entitled to. Call Tittle & Perlmuter today to set up an initial consultation.