Misclassification Attorney – New York

Accurate employee classification is critical in today’s dynamic workforce for employees and employers alike. Misclassifying employees can cause workers to miss out on essential benefits and protections, leading to unjust working conditions, and result in significant legal and financial repercussions for employers.

If you suspect you have been misclassified, engaging with a knowledgeable misclassification attorney in New York is vital to protecting your rights and seeking fair compensation. The experienced legal team at Miller Shah is adept at navigating the complexities of employment classification law to provide the guidance and support you need.

What is Employee Misclassification?

Employee misclassification occurs when an employer incorrectly categorizes a worker as an independent contractor rather than an employee. This misclassification can lead to the failure to provide benefits and protections typically afforded to employees, such as minimum wage, overtime pay, and insurance. Correct classification is imperative for maintaining fair labor standards and providing workers the compensation and benefits they deserve.

Types of Employee Misclassification

There are generally two predominant forms of employee misclassification:

1. Independent Contractor Misclassification: This occurs when a worker who is treated like an employee is wrongfully classified as an independent contractor. This type of misclassification is prevalent in industries where freelance or contract work is common, such as the gig economy.
2. Exempt vs. Non-exempt Employees: Employers may incorrectly classify employees as exempt from overtime pay provided for under the Fair Labor Standards Act (FLSA). This classification requires a careful evaluation of job duties and salary levels.

Consequences of Being Misclassified

When employees are misclassified, they may miss out on a host of benefits, including:

• Overtime Pay: Misclassified employees may not receive compensation for hours worked beyond the standard 40-hour workweek.
• Health Insurance and Retirement Benefits: Access to employer-sponsored health insurance and retirement plans is often unavailable to independent contractors.
• Workers’ Compensation: Misclassified individuals may not be covered for workplace injuries under workers’ compensation insurance.
• Job Security and Employment Rights: Employees classified as independent contractors typically lack the job security and legal protections against unfair dismissal and discrimination that employees enjoy.

How Miller Shah Tackles Misclassification

Navigating the legal landscape of employment classification requires a deep understanding of both state and federal regulations. The employment classification lawyers at Miller Shah  are skilled in addressing these challenges. Our firm has a proven track record of successfully representing misclassified employees, helping them seek the benefits and compensation they are entitled to.

Our New York misclassification team offers:

• Comprehensive Legal Analysis: We meticulously review employment conditions to determine the appropriate classification.
• Strategic Legal Representation: Whether pursuing individual claims or class action lawsuits, our attorneys are skilled in advocating for your rights.
• Reliable Guidance and Support: Our attorneys are committed to providing you with the guidance needed to navigate your legal challenges confidently.

Contact a Misclassification Attorney in New York

Employee misclassification is a significant issue that can impact your financial well-being and job security. If you believe you have been misclassified, it is crucial to seek legal advice to understand your rights and options. Miller Shah offers exceptional legal services and a commitment to seeking favorable outcomes, making sure your voice is heard. Contact our misclassification attorney in New York to discuss your case.