New York City Worker Misclassification Lawyer

Accurately classifying workers as either employees or independent contractors is vital to providing workers with the correct benefits. This distinction affects a worker’s rights and can have impacts on an employer’s legal and financial obligations. Misclassification can lead to significant repercussions for both parties involved. If you need a committed New York City worker misclassification lawyer, Miller Shah may be able to help.  We provide legal counsel to address and rectify issues of worker misclassification, ensuring our clients are fully informed about their legal rights and responsibilities.

Legal Definitions and Criteria

The legal framework surrounding the classification of workers is intricate, governed by both federal and state laws. Generally, the primary criteria used to determine a worker’s status is degree of control an employer has over the work, the financial aspects of the worker’s role, and the type of relationship established between the worker and employer. When an employer exercises control over how work is performed, the worker is more likely an employee and, accordingly, entitled to benefits such as overtime pay and health insurance. Conversely, independent contractors usually have greater autonomy, are responsible for their own taxes, and do not receive the same benefits.

Common Misconceptions

A prevalent misconception is that labeling a worker as an independent contractor merely requires an agreement between the employer and the worker. However, the actual working relationship and the specific duties performed take precedence over contractual terms. Another frequent misunderstanding is that all salaried workers are exempt employees, which is not always the case. Proper classification requires a thorough analysis of job duties, salary basis, and salary level.

Potential Consequences of Misclassification

For employers, the consequences of misclassifying employees can be severe, ranging from hefty legal sanctions to significant tax liabilities. Employers may face penalties for unpaid taxes, failure to provide benefits, and violations of labor laws. For employees, misclassification often results in the loss of critical benefits such as health insurance, overtime pay and unemployment insurance. Furthermore, misclassified workers may find themselves ineligible for workplace protections, including safe working conditions and family and medical leave.

How Miller Shah Can Assist

The experienced attorneys at Miller Shah offer invaluable assistance to workers who suspect they have been misclassified. Our team provides comprehensive legal support, helping clients understand their rights and navigate the complexities of filing claims for appropriate compensation. We are adept at identifying misclassification and advocating for workers’ rights in both individual and class action lawsuits. In addition to litigation, we advise employers on compliance with current classification laws, thereby preventing potential legal issues.

Contact a New York City Worker Misclassification Lawyer

Informed legal guidance can help you untangle the intricacies of employment classification laws. Whether you are a worker who believes you have been misclassified or an employer seeking to maintain compliance with employment laws, Miller Shah can help. Our commitment to excellence and extensive experience in handling complex misclassification cases make us a trusted partner in navigating these challenges. Contact us for a confidential consultation to discuss your case with a New York City worker misclassification lawyer.