New York Misclassification of Workers Attorney

Worker classification plays a crucial role in defining the rights and responsibilities of both employers and employees. The distinction between an employee and an independent contractor is not merely a formality; it is a vital factor that influences wages, taxes, benefits and legal rights. Misclassification can result in significant disadvantages for workers and legal challenges for employers.  An experienced New York misclassification of workers attorney can help you avoid these pitfalls. Miller Shah is committed to guiding employers in implementing the correct classification and advocating for employees to ensure they receive the rights to which they are entitled. 

The Consequences of Misclassifying Employees

Misclassifying an employee as an independent contractor can have serious repercussions. While employers might see misclassification as a means to reduce costs by avoiding payroll taxes and circumventing legal obligations due to employees, this practice is illegal and can lead to substantial legal liabilities. For employees, misclassification often means losing out on essential benefits such as overtime pay, health insurance, and workers’ compensation. 

The modern workforce, characterized by the gig economy and flexible work arrangements, can make it difficult to properly determine a worker’s status.  Employers may be tempted to take advantage of the blurred lines between employees and independent contractors to benefit from reduced financial and administrative burdens. However, this approach is fraught with risks and undermines the legal rights of workers.

Distinguishing Between Employees and Independent Contractors

The distinction between employees and independent contractors is defined by several key factors. Employees typically work under the direct control of their employer, follow set schedules, and use employer-provided resources. They receive comprehensive training and are generally confined to working for a single employer.

Independent contractors, conversely, enjoy more autonomy. They set their own hours, use their own equipment, and can offer their services to multiple clients. This flexibility, however, means they forgo many of the benefits that employees receive, such as unemployment insurance and the right to join unions.

These differences are not just academic; they have real-world implications for the rights and benefits available to workers. The incorrect classification of staff as independent contractors denies them access to these benefits and protections, which are mandated by law.

Preventing Misclassification with Miller Shah 

The dedicated team of employment classification lawyers at Miller Shah is well-versed in the nuances of the state and federal laws governing worker classification. We offer comprehensive legal counsel to untangle the complexities of misclassification cases. Our attorneys have experience representing clients in litigation, arbitration, and negotiation, effectively addressing misclassification issues. We are committed to advocating for our clients and holding employers accountable to classification standards, thereby securing the rights and benefits that workers deserve.

Whether you are an employee who has been misclassified or an employer wishing to improve compliance, we provide sophisticated solutions tailored to your needs.

Reach Out to A New York Misclassification of Workers Attorney

Worker misclassification is a serious issue with lasting implications for employees and employers alike. If you suspect that you have been misclassified, or if you are an employer seeking guidance on how to comply with evolving legal standards, Miller Shah is here to help. For more information or to discuss your specific case, contact a New York misclassification of workers attorney at Miller Shah today.