Pennsylvania Employee Misclassification Lawyer

Employee misclassification occurs when an employer incorrectly categorizes a worker as an independent contractor or other non-employee status rather than as an employee. This issue has significant implications for both employees and employers. For workers, misclassification can mean lost wages, denied benefits, and a lack of crucial legal protections. Employers, on the other hand, face potential legal liabilities, including penalties for failing to comply with state and federal labor laws. A Pennsylvania employee misclassification lawyer at Miller Shah can help both employees and employers understand classification requirements, offering comprehensive guidance on these complicated matters.

Legal Implications of Misclassification

Employment classification laws are designed to protect workers and ensure employers adhere to fair labor practices. When workers are misclassified, they may lose access to overtime pay, meal breaks, vacation time, retirement benefits, unemployment insurance, and workers’ compensation. Additionally, employers who fail to properly classify their workforce may violate the Fair Labor Standards Act (FLSA), state labor laws, and tax regulations. These violations often lead to lawsuits and costly penalties. 

For employees, the repercussions of misclassification can be wide-ranging and severe. Without the protections afforded to employees, workers risk losing access to healthcare benefits, paid time off, and employer contributions to retirement plans. Misclassification can also impact the ability to receive workers’ compensation or unemployment benefits in the event of an injury or job loss. Furthermore, improperly classified workers may be burdened with paying self-employment taxes, further reducing their net income. 

Given the evolving nature of labor laws, it’s essential for employers and employees alike to fully understand their rights and responsibilities. 

Common Signs of Misclassification

Several red flags may indicate potential misclassification. A worker could be misclassified as an independent contractor if they are performing work that aligns with the core activities of the business, are subject to strict supervision and control by the employer, or are required to adhere to a set schedule and location determined by the employer. Other indicators include being denied access to workplace benefits or being paid through a 1099 form despite functioning as a regular employee. Recognizing these signs early is critical to addressing and correcting the issue. 

Addressing Misclassification with Miller Shah

Workers who suspect they are misclassified can take steps to address the issue. They can report their concerns to state labor departments or file a complaint with the U.S. Department of Labor. Legal action may also be necessary in cases where misclassification results in significant financial losses or violations of labor laws. Seeking professional legal counsel is critical to navigating these challenges and ensuring a fair resolution. 

Miller Shah is proud to represent clients involved in employee misclassification disputes. Our legal team has experience advocating for workers’ rights, as well as counseling employers navigating the complexities of employment classification laws. Over the years, we have successfully resolved numerous high-stakes cases, helping our clients pursue justice and fair compensation.

Our nationwide presence and deep understanding of employment laws provide us with the platform needed to deliver superior legal services. Whether you are an employee pursuing lost wages or an employer seeking guidance on compliance, Miller Shah is the employment law ally you need. 

Speak to a Pennsylvania Employee Misclassification Lawyer

If you believe you have been misclassified or need legal advice in navigating employment classification laws, Miller Shah is here to help. Contact us today to speak to a Pennsylvania employee misclassification lawyer and take the first step toward resolving your case.