Classifying Texas Employees as Independent Contractors
Employers sometimes illegally attempt to save money by wrongly classifying their employees as Independent Contractors. If an employer wrongly classifies their employees with this title, those employees are at risk of not receiving some vital protections like minimum wage, compensation for hours worked overtime, unemployment benefits, or worker’s compensation. At Leichter Law Firm PC, Texas unpaid overtime lawyers believe it should not matter what a worker is classified as; even if the worker has agreed to be a contract worker, that person is likely entitled to receiving overtime pay. Click here to see how we can help you.
Commonly Responsible Parties
Workers in many of the following businesses are routinely misclassified as independent contractors and illegally denied overtime pay:
- The Oil and Gas Industry
- Courier and Package Delivery
- Cable TV and Satellite Installation
- Repair Technician
- Home Health Care
- Staffing Companies
- Car Service/Limousine
- Home Improvement Installation
If you have worked as an “Independent Contractor” or a “1099 Employee” and have worked more than 40 hours per week without receiving additional compensation for overtime, then you need to speak with a qualified overtime attorney with Leichter Law Firm PC today. Our Board Certified Employment Law Specialist can tell you whether you are entitled to compensation for unpaid overtime, additional money for liquidated damages, attorney’s fees, and costs.
Frequently Asked Questions
The labor and employment attorneys at Leichter Law Firm PC are here to help you get the compensation you deserve for wrongfully being classified as an independent contractor. Our experience and knowledge of labor and employment law, particularly when it comes to independent contractor classifications, is unmatched. You need the skill and experience of the attorneys at Leichter Law Firm PC on your side to ensure that your employer pays you properly for your hard work. Do not hesitate to call us at (956) 205-0884 or fill out a contact form on our site to discuss how we can get the overtime pay and other compensation you deserve. Below we have included a few frequently asked questions and their answers for your review.
What is an independent contractor?
An independent contractor is an individual who, in the pursuit of an independent business, undertakes to do a specific piece of work for someone or something else, using one’s own means and methods. Basically, the idea is that an independent contractor is someone who has control over how his or her work is being done, even though his or her work is being done for someone else.
If you believe that you do not have a sense of control over how you do your work, your employer may have wrongfully classified you as an independent contractor. If you want just compensation for this wrongful employment classification, please do not hesitate to call Leichter Law Firm PC at (956) 205-0884 for help with your labor law dispute.
What is the difference between an independent contractor and an employee?
Distinguishing between an independent contractor and an employee is a very complicated legal problem. Generally speaking, the right to control one’s work is the main factor in determining if someone is an independent contractor or an employee. An employer generally has the right to select, control, and discharge an employee, but an independent contractor is not under the direct control of an employer.
The bottom line is that determining whether you are an independent contractor or an employee is a tough and tricky legal issue. Your employer has been exposed to this before, so they have experience with these legal issues. You need the skill and experience of a labor and employment attorney on your side to help with this complicated problem.
What will a court look at to find “control” over an employee/independent contractor?
The crucial component in determining if someone is an independent contractor or an employee is the right to control the individual’s work. To find control, the courts have turned to the following factors:
- The independent nature of the work business
- The worker’s obligation to furnish necessary tools, supplies, and materials to perform the job
- The worker’s right to control the progress of the work, except the final result
- The time for which the worker is employed
- The method of unit payment, whether by unit time or by the job
If your employer has been telling you when, where, or how to complete your work, you may be wrongfully classified as an independent contractor. This deprives you of benefits, overtime pay, and other compensation that you would be entitled to if you were correctly classified as an employee. Please contact us today if you think you have been wrongfully classified as an independent contractor, and we will help you get the money you deserve.
Texas Independent Contractors Overtime Lawyers
If you have any further questions about your situation or wish to discuss filing a claim, call an attorney with Leichter Law Firm PC at (956) 205-0884. The amount of time you have to make such a claim can range from two to three years, but we recommend you call as soon as possible.