Many persons categorized as independent contractors are really statutory employees. As such, they are entitled to minimum wage, overtime and other protections provided by state and federal labor laws. They may also be entitled to potentially lucrative benefits, such as stock options, that were offered to “regular” employees.
In determining whether an individual is a true independent contractor or really an employee, courts will look beyond any written agreement between the parties and examine an established list of factors, such as whether the work is part of the regular business operation of the employer; whether there is any true opportunity for profit or loss depending on the contractors own business judgment; and whether the contractor performs work for other employers.
If you have questions regarding whether you have been improperly classified as an independent contractor, please contact us by e-mail or by telephone (866-663-3308) to discuss your possible claim.