Misclassifying employees as independent contractors is a critical issue facing today’s workforce. At Miller Shah, we work hard to resolve these complex legal challenges so that workers receive the rights and benefits they deserve. If you are in need of a Pennsylvania independent contractor misclassification attorney, the experienced employment law advocates at Miller Shah can help you understand the distinction between employees and independent contractors, ensuring proper classification for the benefit of both employees and employers.
To avoid the pitfalls of misclassification, understanding the difference between an employee and an independent contractor is crucial. Although different states have different tests to determine worker status, employees typically work according to schedules set by their employer, use employer-provided tools, and receive training, making them eligible for benefits and protections under employment laws. Conversely, independent contractors set their own hours, use their own tools, and work for multiple companies, which generally exempts them from such benefits.
Misclassifying employees as independent contractors can result in significant legal consequences for both workers and employers. When an employer incorrectly labels a full-time employee as an independent contractor, it evades the requirement to provide important benefits and protections, such as overtime pay, vacation time, and workers’ compensation. Moreover, even if the misclassification was inadvertent, it exposes employers to legal liabilities under federal and state laws, which may result in penalties and back payments.
For workers, the impact of misclassification extends beyond lost wages and benefits. Employees who are wrongly classified may lack legal protections, such as family and medical leave and health and safety standards, as well as meaningful benefits including health insurance and retirement savings plans. These omissions can lead to significant financial instability and insecurity for workers, creating discord in the workplace.
Miller Shah staffs every case with a team of experienced employment lawyers who are well-versed in the complexities of employee misclassification. We understand that each case is unique and requires a tailored approach. Our team will thoroughly review your job duties, work arrangements, and other relevant factors to determine if you have been incorrectly classified as an independent contractor. If we find evidence of misclassification, we will work with you to determine the best option, including pursuing legal action on your behalf.
We leverage our extensive legal knowledge to provide comprehensive legal counsel, representing employees in misclassification lawsuits and advising employers on how to comply with classification rules and avoid legal action in the first place.Â
With a proven track record in employment law and class action lawsuits, Miller Shah has a long history advocating for workers’ rights. Our firm’s success is built on our commitment to understanding and meeting the unique needs of each client. We offer sophisticated legal solutions and work diligently to ensure misclassified workers are reclassified correctly, recovering lost wages and securing rightful benefits.
Misclassification is a serious issue with far-reaching implications. At Miller Shah, we are dedicated to resolving misclassification issues and protecting workers’ rights. For dependable legal guidance and support, contact our Pennsylvania independent contractor misclassification lawyers today.