The Wrong Done By Employee Misclassification
Most workers assume that the company or organization they work for has properly classified them, either as an employee or as independent. And does misclassification really make that much difference?
Employee misclassification makes a significant difference. Workers who are falsely classified as independent contractors are not paid overtime and do not receive other employment benefits they are entitled to. Whether the misclassification is intentional or not, the employer clearly benefits, and workers may work long hours without premium pay.
Overtime pay is important. It protects workers from abuse and incentivizes employers to hire more people, which is good for the economy. A wage and hour claim is often the only way to obtain justice.
The Difference Between An Employee And An Independent Contractor
Proper classification is generally determined by how much control the employer exerts over the work the employee does. These conditions are indicative of employee status:
- You perform the same tasks over and over.
- You operate under supervision.
- You follow the employer’s rules and procedures.
- Most of your time is spent doing these tasks, under these conditions.
The more control the employer exerts, the greater the likelihood that you are an employee. Whereas, an independent contractor is more likely to:
- Perform different tasks from day to day
- Be creative and solve problems independently
- Work without supervision
- Receive a 1099
- Make important task decisions
Your job title does not prove your employment status. Having “manager” in your title does not exempt you from overtime. Your classification depends on the nature of the work you do and your relationship with the employer.
Meet The Attorneys At Mowery Youell & Galeano, Ltd., Columbus, Ohio
You will probably not be able to upgrade your classification by asking politely. That is the reason Mowery Youell & Galeano, Ltd., represents misclassified workers, both as individuals and in class actions.