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Do you work as an independent contractor?
While independent contractors have become increasingly common in today’s workforce, some employers try to circumvent the system and misclassify their full-time employees as these types of workers. Doing so gives the business advantages while workers are at a disadvantage. Employee misclassification is also illegal. Here is what you need to know.
Employee misclassification involves labeling workers as independent contractors instead of employees and can affect those who should be classified as hourly or salaried employees.
While your employer is responsible for hiring workers under the correct employee law classification, you have a right to question your status. Never take your employer’s word at face value, as many factors determine your correct classification.
Employee misclassification is sometimes called the underground economy because of the many legalities it sidesteps. Workers suffer the most significant consequences because they do not have the legal protections commonly afforded to employees, like wage and hour laws, overtime pay, workers’ compensation, and unemployment benefits.
If you experience misclassification, you lose workplace protections like the right to join a union. Your employer may also misclassify your position to circumvent Equal Employment Opportunity Commission (EEOC) rules that protect your civil rights, including discrimination based on age, race, gender, disability, etc.
You also face a higher tax burden as your employer doesn’t have to pay Social Security and unemployment taxes. Neither will you be able to enroll in employer-sponsored healthcare and benefits plans. All of this means more money out of your pocket.
An independent contractor provides goods or services to a business under the terms of a contract. As a contractor, you retain control over how you provide your services to a company. Essentially, you are self-employed and treat the business you give work to as a client. Your earnings are subject to the federal self-employment tax.
The line between independent contractors and employees is often blurred. The Fair Labor and Standards Act (FLSA) uses several standards to determine if individuals are legally independent contractors. Test parameters include how much independence you have and your specific workplace situation, among other factors. The most defining factor determining employee classification is that the business you work for retains legal control over how you perform your services.
As a seasoned employment lawyer in Dallas, Edel Cuadra is thoroughly familiar with Texas companies’ tactics to misclassify employees. Often, workers listed as contractors are afraid to press their case to obtain the proper classification.
Employee law is on your side. Edel Cuadra will evaluate your workplace situation and apply FLSA standards to determine whether you should receive benefits due to company employees. If your employer refuses to give credence to your claims, you may have the right to file a lawsuit for overtime pay and other benefits.
The laws governing commissions and bonuses are incredibly complex. Instead of giving up on obtaining the compensation that you have earned, we can help you learn how to recover these funds, along with possible compensation for damages due to lost wages. Learn More
Federal laws guarantee workplace equity regardless of race, age, religion, sex, gender identity, sexual orientation, disability, national origin, age, pregnancy, etc.
Discrimination can take different forms, including being repeatedly passed over for promotions, lower wages for comparable work, name-calling, and other situations where you are treated differently.
Cuadra Law fights for your rightful representation against this serious problem in the modern workplace. Learn More
Many high-level employees assume they have to sign an employment contract or they won’t get the job. If you are uncomfortable with some of the contract terms, it’s in your best interest to have Cuadra Law review the documents for details on compensation, health benefits, termination, and grievance procedures.
We help ensure your long-term agreement is one that benefits both you and your employer. Learn More
Numerous legal issues can arise from your status as an independent contractor. Cuadra Law can review your contract and help you with breach of contract, unpaid compensation, and other issues that may arise. Learn More
Employers increasingly include non-compete agreements as terms of their employment contracts, especially for their executive staff. However, the enforceability of these clauses is unclear, even though Texas courts generally appear to favor enforcing them.
If you’ve moved on from a former position with a non-compete agreement hanging over your head, Cuadra Law can help you understand the details of the agreement as well as determine its enforceability. Learn More
Overtime pay disputes can arise when you do not receive additional compensation you may be entitled to for extra work. These claims may also occur if an employee is incorrectly classified as exempt to avoid paying overtime rates.
You deserve pay for every hour you’ve worked. Let Edel Cuadra fight for your rightful pay. Read More
You are protected from retaliation if you file a lawsuit against your employer for a breach of employment law, complain about an illegal employment practice, or expose company wrongdoing to a regulatory agency.
Whistleblower protections make retaliatory acts illegal in these instances. However, if your employer illegally retaliates against you, trust Cuadra Law to bring your case to justice. Read More
Your employment contract may include a severance agreement, regardless of your industry or position. Generally, the employer will ask that you waive the right to sue should you be terminated so that you can receive a severance package, and it may also include a non-compete agreement. Cuadra Law can help you negotiate a fair agreement and the most favorable outcome possible. Read More
As with discrimination, sexual harassment can take many different forms, including inappropriate touching or language and suggestive behavior.
We help our clients file lawsuits for sexual harassment when another employee or supervisor engages in sexual harassment or the company knowingly allows an overall culture of sexual harassment to continue, creating a toxic work environment. Read More
Contact Cuadra Law today if you believe you have been incorrectly classified in your current position or need help with commissions and benefits. Don't wait any longer for the money you deserve. Let Edel Cuadra use his experience to help you reap the benefits. Schedule your free consultation today!
At Cuadra Law, Edel Cuadra works for employees in the Dallas area. He uses state and federal laws to protect employees against a wide range of workplace violations.
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