Getting You Back Pay For Improper Independent Contractor Designations
Federal law sets specific rules for when a worker can be classified as an independent contractor. Many individuals choose to work independently to have more autonomy over the job and work duties. However, businesses often try to sidestep the rules and unfairly classify workers who do not have that autonomy as independent contractors to benefit their own bottom lines.
You Do Not Have To Accept An Improper Designation That Costs You Money
Many employers will attempt to label a worker as an “independent contractor” and avoid overtime and other employment laws such as workers’ comp coverage and tax withholdings. However, there are very specific requirements that must be satisfied in order to classify a worker as an independent contractor, and many times the exemption does not apply.
Under the Fair Labor Standards Act (FLSA), if in your employment you are working for an employer as your sole source of income, take direction for the work that you do each day and are performing work duties that are part of the employer’s regular business you must be classified as an employee and not an independent contractor.
Traditionally, legitimate independent contractors are found in the construction trades, where plumbing or heating companies with specific expertise in certain areas are hired to do work at a variety of different short-term projects at their own pace and under their own direction. If you do not have your own business and are performing the same work every day for the same employer, you are entitled to all the wage and hour protections of a full employee.
Fighting For Workers In Illinois Since 1987
At the wage and hour law office of the Billhorn Law Firm, we help people recover back pay lost because employers have claimed an independent contractor exemption. Attorney John Billhorn has been practicing in the area of wage and hour law since 1987 and focuses solely on this highly technical area of the law.
If you have been paid less than minimum wage or have been denied overtime pay because an employer claimed an independent contractor exemption for your services, you may be entitled to back pay. Contact the office of the Billhorn Law Firm for a free consultation.
Even if you are an undocumented worker, FLSA laws protect your rights.
We are ready, willing and able to fight for your rights across the spectrum of FLSA wage and hour independent contractor violations such as:
- Consultant/consulting work violations
- Independent contractor plumbers, carpenter, trades worker violations
- Independent contractor landscape worker violations
- Breach of independent contractor agreement
- Overtime exempt employee violations
- Meal break violations
- Minimum wage violations
- Overtime pay violations
Call 312-445-9137 Or 888-408-0401 For Your Free Initial Consultation
We have Spanish interpreters available. If you have a grievance against an employer for claiming an independent contract exemption and paying you less than the law provides, contact the Chicago employment lawyer’s office of the Billhorn Law Firm for a free consultation.