New York Misclassification Attorney

Employment misclassification is a serious issue that can greatly impact both workers and organizations. When employees are incorrectly classified as independent contractors or exempt workers, they are often denied proper wages, benefits, and legal protections. If you believe you have been misclassified, a New York misclassification attorney at Miller Shah can help you advocate for your rights.  If you are an employer seeking to understand the complex landscape of misclassification rules and regulations, Miller Shah can guide you in ensuring compliance with federal and state labor laws.

What is Employee Misclassification?

Employee misclassification occurs when an employer incorrectly categorizes workers as independent contractors or treats them as exempt from wage and hour protections under state and federal laws. Misclassified workers may lose access to critical benefits such as overtime pay, paid leave, workers’ compensation, and unemployment insurance. Unfortunately, this issue is on the rise, particularly in industries that rely heavily on gig and freelance labor.

Under the Fair Labor Standards Act (FLSA) and other state-specific regulations, employees are entitled to various protections, including guaranteed minimum wage, overtime pay, and record-keeping of hours and wages. In addition to causing individual workers to lose out on these important benefits, misclassification deprives states and federal entities of tax revenue and contributions to unemployment and workers’ compensation funds.

Potential Impacts of Misclassification

The consequences of employee misclassification are significant for workers. Misclassified employees often find themselves ineligible for essential rights and benefits, leading to:

• Loss of overtime pay and other wage protections
• Lack of access to unemployment benefits or workers’ compensation
• Denied medical or family leave
• Reduced job stability and legal protections in the workplace

For businesses, the risks of misclassification can include legal disputes, financial penalties, and reputational damage and loss of good will. Employers who willfully engage in misclassification may face sanctions from both state and federal agencies, as well as potential lawsuits from misclassified workers.

Hiring Legal Help to Address Employee Misclassification?

Navigating the complexities of employment classification laws can be daunting. Laws vary by state, and regulations frequently change. Partnering with an experienced legal team that understands the intricacies of federal and state laws, like Miller Shah, can prove essential to effectively address misclassification cases.  A New York misclassification attorney can provide:

• Comprehensive Investigation and Legal Advice. The Miller Shah team conducts thorough reviews of employment practices to identify potential classification errors. By consulting with Miller Shah, misclassified employees can explore their legal options, including filing claims and joining class action lawsuits if multiple workers have been similarly affected.

• Representation in Complex Cases. Misclassification disputes often involve overlapping state and federal laws, making competent legal representation crucial. Whether seeking individual compensation or addressing class-wide violations, Miller Shah has a proven track record of delivering results in high-stakes litigation.

• Proactive Guidance for Employers. For businesses, we offer proactive counsel to help organizations comply with labor laws, mitigating the risks of misclassification and helping to avoid costly legal challenges.

Why Choose Miller Shah?

Miller Shah is a proven leader in employment law and employee rights litigation. Employing a client-focused approach, we tailor our strategies to the distinct needs of both workers and employers. With multiple offices throughout the country, including our New York City location, we have a global reach and the resources to handle complex cases.

We have successfully represented clients in numerous misclassification cases, recovering significant settlements and compensation for hard-working individuals. 

Call a New York Misclassification Attorney

If you live or work in New York and believe you have been misclassified—or if you’re an employer unsure of how to properly classify your workforce—Miller Shah is here to help. Contact us today to arrange a confidential consultation with a New York misclassification attorney.