Are You Being Misclassified as an Independent Contractor?

Worker classification is a critical issue within employment law, with direct ramifications on wages, benefits and overall worker protections. Whether an individual is labeled as an employee or an independent contractor significantly impacts their rights. Unfortunately, misclassification is a widespread problem. Employers sometimes categorize workers as independent contractors to bypass legal obligations like paying overtime wages or providing benefits. If you suspect you might be misclassified, understanding these distinctions is essential to protect your rights. Marshall Forman & Schlein LLC provides the clarity you need. 

Understanding the Difference Between Employees and Independent Contractors

The distinction between an employee and an independent contractor is governed by legal definitions, not employer discretion. Employees typically operate under the control of their employer, who dictates their tasks, schedules and the resources they use. Independent contractors, on the other hand, have more freedom to manage how, when and where they work. They generally use their own tools and equipment to complete specific projects.

Key factors often used to distinguish these roles include:

• Level of Control: Employers have significant control over employees, directing their daily work processes. Independent contractors determine their workflow independently. 
• Resources Provided: Employees usually rely on tools and equipment supplied by their employers, whereas independent contractors are expected to bring their own. 
• Permanence of the Relationship: A long-term or indefinite working relationship often signals employment status, while independent contractors are hired for specific projects or tasks. 
• Compensation Structure: Employees are regularly paid wages, often with benefits like paid time off or health insurance. Independent contractors receive payment per project or service rendered without additional perks. 

Signs You Might Be Misclassified as an Independent Contractor

Misclassification can leave workers without crucial protections, such as minimum wage guarantees, unemployment insurance and access to workers’ compensation. Below are common signs indicating potential misclassification:

1. Employer Control Over Work. If your work hours, tasks or processes are dictated by your employer rather than you deciding these matters, this suggests an employee relationship.
2. Provided Resources and Tools. When your employer supplies the equipment and space necessary to perform your job, you may be functioning as an employee, even if classified otherwise.
3. Regular Pay and Ongoing Work. Receiving a steady paycheck or working indefinitely for the same employer indicates employment rather than contractor status.
4. Dependence on Employers. If you rely heavily on a single employer for your income or they control your financial opportunities, this economic dependence could signify that you are an employee.
5. Work Essential to the Company. If your daily work is integral to the employer’s primary business, it may point toward an employee classification.

Why Proper Classification Matters

Misclassification not only robs workers of fair wages but also deprives them of the legal protections and benefits they deserve under employment law. Employers who deliberately or mistakenly misclassify workers may face legal penalties, and misclassified workers could be entitled to compensation for unpaid wages, overtime and additional benefits.

Contact Marshall Forman & Schlein LLC for Assistance Today

If you believe you’ve been misclassified as an independent contractor in Ohio, it’s crucial to take action. At Marshall Forman & Schlein LLC, our experienced employment attorneys are here to help you understand your rights and explore your options. Contact us today for a free consultation. Your rights matter, and we are ready to fight for them.