New York Employee Misclassification Lawyers

Employee misclassification occurs when individuals are inaccurately designated as independent contractors or as employees exempt from the protections of the Fair Labor Standards Act (FLSA). As a result, these workers are deprived of essential benefits and protections. Miller Shah LLP recognizes the importance of proper classification and is ready to help employers understand their obligations and advocate for employees who have been misclassified. Our New York employee misclassification lawyers are available to help you understand your options.

What is Employee Misclassification?

Employee misclassification occurs when a worker is incorrectly categorized as an independent contractor or exempt employee rather than a non-exempt employee. This erroneous classification often stems from either a deliberate attempt by employers to circumvent the requirement to provide lawful benefits and protections or a genuine misinterpretation of legal classification criteria. Understanding the distinction between these categories is paramount to safeguarding the rights and benefits of employees under the law and fostering a compliant workplace.

Risks and Consequences of Misclassification

For Employees

The repercussions of misclassification for employees are substantial. Incorrect classification can lead to the denial of critical benefits and protections, including minimum wage, overtime pay, workers’ compensation, and access to health insurance. Misclassified workers might further struggle to claim unemployment insurance, family and medical leave, or enjoy a safe work environment.

For Employers

Employers are not exempt from the adverse consequences of misclassification. The FLSA and corresponding state laws mandate specific protections for non-exempt employees, making misclassification a legal violation. Legal ramifications may include substantial fines, penalties, and possibly facing lawsuits from aggrieved workers. Employers found liable for misclassifying workers could be compelled to compensate for back wages and pay penalties and other damages. Beyond financial liabilities, employers risk reputational damage and the loss of trust from their workforce. To avert such risks, employers must ensure accurate classification, meticulously considering factors such as salary level and job duties.

Combat Misclassification with Miller Shah

The New York employee misclassification lawyers at Miller Shah possess extensive experience in navigating the complexities surrounding employee misclassification. Our adept team of attorneys offers:

• Thorough Investigations: We conduct comprehensive audits to ascertain proper worker classification.
• Comprehensive Counseling: We work with employers striving to comply with classification laws on how best to classify their workforce and avoid legal pitfalls.
• Legal Representation: We represent employees suffering from misclassification in class actions and individual lawsuits.
• Negotiation and Settlement: We leverage our skill and experience to negotiate settlements, ensuring fair compensation and treatment for misclassified workers without the hassle of protracted litigation.

Our commitment to advocating for workers’ rights and aiding employers in legal compliance has fortified our reputation as a leading law firm in addressing misclassification issues.

Contact the New York Employment Misclassification Attorneys at Miller Shah

Employee misclassification not only infringes upon workers’ rights but also disrupts marketplace integrity and fair competition. Miller Shah is dedicated to confronting these challenges head-on, providing unparalleled legal counsel and advocacy to prevent and rectify misclassification. If you suspect you have been misclassified or need guidance on classification laws, contact our New York employment misclassification attorneys today for a consultation.