Misclassification Attorney – Philadelphia

In today’s dynamic business environment, the misclassification of employees presents a complicated issue with far-reaching consequences. Misclassification occurs when an employer incorrectly classifies a worker as an independent contractor instead of an employee, or vice versa. This is not merely a clerical error; it significantly impacts workers’ rights, affecting wages, benefits, and legal protections. If you believe you have been improperly classified and need a misclassification attorney in Philadelphia, the team at Miller Shah can help you explore your options to address and rectify your situation.

Defining Employee Misclassification

Employee misclassification is a legal and administrative issue whereby employees are wrongly categorized as independent contractors. It can stem from an honest misunderstanding or an intentional misinterpretation of employment law, especially when the nature of the working relationship is not accurately represented in official records. Even when inadvertent, misclassification can deprive workers of benefits and protections to which they are legally entitled as employees. 

The Impact of Misclassification

The implications of misclassification are profound. Employees misclassified as independent contractors often lose essential protections and benefits, such as eligibility for family and medical leave, unemployment insurance, and workers’ compensation.  Misclassified workers may further suffer from significant losses in income and benefits, including overtime pay, health insurance, and retirement contributions. Furthermore, misclassification can lead to incorrect tax filings, impacting both the worker and the employer.  All in all, misclassification can create a disparity that affects the economic stability of the workforce.

Types of Employee Misclassification

Misclassification primarily occurs in two forms: misclassifying employees as independent contractors and incorrectly labeling non-exempt employees as exempt. The former is the most common, and involves businesses mislabeling traditional employees as contractors to avoid providing benefits and paying employer taxes. However, exempt employee misclassification is also harmful to workers, as non-exempt employees misclassified as exempt do not receive overtime pay, violating the Fair Labor Standards Act (FLSA). These practices not only undermine employee rights but also expose employers to significant legal liabilities and financial penalties.

Addressing Misclassification with Miller Shah

The formidable employment lawyers at Miller Shah have successfully handled numerous high-stakes misclassification cases, recovering substantial settlements and trial verdicts for affected workers. Our team of seasoned attorneys is adept at untangling complex legal issues, helping our clients seek fair compensation. We also bring our unique perspective to counseling businesses seeking to comply with evolving employment laws. Regardless of your issue, our client-focused, team-oriented approach gives our clients the benefit of multiple experienced perspectives and ensures they feel heard and supported at every stage.

Speak to a Knowledgeable Misclassification Attorney in Philadelphia

Proper employee classification is paramount to maintaining a fair and compliant workplace. Misclassification not only infringes on employees’ rights but also exposes businesses to substantial legal and financial risks. Miller Shah is committed securing proper classification for all, whether that means litigating on behalf of misclassified workers or guiding businesses through the intricacies of employment law, helping them to implement best practices and support compliance. By choosing a Philadelphia misclassification attorney at Miller Shah, you can help foster a fair, compliant, and productive working environment. Contact us today to learn more.