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New York City Independent Contractor Misclassification Lawyer

Home/New York City Independent Contractor Misclassification Lawyer

Independent contractor misclassification occurs when an employee is inaccurately labeled as an independent contractor. This distinction carries significant implications for the worker’s wages, benefits, and legal protections. Misclassification often arises from employers seeking to reduce costs, such as payroll taxes and employee benefits, but can also result from employers struggling to interpret state and federal employment laws and regulations. Regardless of the impetus, misclassification can severely disadvantage workers, denying them essential rights and protections.

Miller Shah LLP advocates for employees who have been erroneously classified as independent contractors. With an unwavering commitment to protecting workers’ rights, our firm offers comprehensive legal support to seek fair treatment and compensation. We understand the complexities surrounding employment classification, and our New York City independent contractor misclassification lawyers are dedicating to rectifying misclassification and helping employees recover the benefits they deserve.

Legal Implications of Misclassification

The legal ramifications of misclassification are profound, affecting both workers and employers. Employees misclassified as independent contractors may be deprived of their rightful earnings and benefits, such as overtime pay, health insurance, and workers’ compensation. Employers, on the other hand, risk facing substantial legal penalties and reputational damage. While independent contractors generally enjoy more flexibility and autonomy in their work than employees, with greater ability to control their schedules and work methods, the reality is that many misclassified workers function like employees, following company guidelines and working hours.  In these situations, workers not only lose the benefits of a true independent contractor relationship, but also miss out on the numerous protections afforded to employees under state and federal laws.

The Role of the Fair Labor Standards Act

One of the laws offering substantial protections for employees is the Fair Labor Standards Act (FLSA). This federal law establishes minimum wage, overtime pay eligibility, and other labor standards. Although whether a worker is an employee or independent contractor is generally governed by state law, the FLSA presents helpful standards for the two categories, focusing on the degree of control the employer exercises over the worker.  Miller Shah leverages the FLSA and other relevant statutes to advocate for workers’ rights and hold employers accountable for misclassification. Our goal is to make sure workers are fairly compensated and benefit from appropriate employment protections.

Navigating Misclassification Issues

The legal landscape of employment classification can be daunting and complex, making trusted legal advice especially valuable. The skilled New York attorneys at Miller Shah offer strategic counsel to both employees and employers dealing with misclassification concerns. For employees, we provide guidance on identifying misclassification and pursuing claims for lost wages and benefits. For employers, we offer advice on compliance with employment laws and help in restructuring practices to prevent future misclassification.

Discuss Your Case With a New York City Independent Contractor Misclassification Lawyer

Independent contractor misclassification poses significant challenges for workers who are unjustly denied the rights and protections to which they are legally entitled. At Miller Shah, we are dedicated to providing robust legal representation to assist misclassified employees seeking redress and to employers aiming to comply with evolving employment laws. Our New York City misclassification lawyers can help you navigate the complexities of employment classification. Contact us today for guidance and reliable solutions. 

Over 1 BILLION Recovered

Our team is equipped and prepared for complicated, high-stakes cases in all areas of business and civil litigation. We continuously strive to achieve the best possible results for our clients.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.