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It’s a common question in the workforce: whether you’re an employee or an independent contractor. You might wonder, why does it matter? I’m paid the same either way.
However, that’s typically not true. Most notably, employees are eligible for overtime pay and health benefits, whereas independent contractors are not.
Often employers may — whether on purpose or accidentally — misclassify their workers as being independent contractors. But how do you know if you’re misclassified, and should be counted as an employee who receives overtime and these benefits? Below are some examples to think about.
Your Schedule
How much are you in charge of your own schedule? If it’s very much under the company’s control, keep that in mind. Independent contractors are supposed to be just what it says in the title — independent. If you’re an independent contractor, you most likely will be making your own hours and determining when and where to complete your tasks.
Also, do you work for any other companies? If you’re devoting all of your time to a single company and working long hours each week, chances are, you’re being treated like an employee and not being compensated for it.
Your Materials
Do you use your own resources to get the job done? Or do you use what the company provides? If they’re giving you everything you need, then that makes you less of a contractor and more of an employee.
An important part of independent contractor classification is that you are bringing your own expertise and materials to the job — after all, you were hired as an independent worker because of your personal abilities and supplies.
What Next?
The above are a few examples to help you consider whether you have been misclassified. If you believe you were misclassified as an independent contractor, contact us today for a free, confidential consultation to review the complete facts of your situation. We’ll be able to answer any questions you may have about your rights as a worker.
If we see that those rights have been violated, we want to fight for you. We charge nothing unless we win your case.