Independent Contractor Misclassification Attorney Ohio
Employers commonly violate state and federal law by misclassifying employees as independent contractors. This can lead to employees losing wages; overtime pay; and other benefits such as insurance, worker compensation benefits, and legal protections.
At The Friedmann Firm, our independent contractor misclassification attorneys in Ohio are here to help you pursue any lost pay and to correct your classification. We frequently work with employees over a variety of employment disputes with a dedicated team that is here to ensure that you are not a misclassified employee.
Misclassification of Employees as Independent Contractors in Ohio
Independent contractor misclassification happens when a worker is classified as an independent contractor by their employer when they should be classified as an employee. There are tests that the Wage and Hour Division of the U.S. Department of Labor recommends to determine whether a worker is an employee or an independent contractor.
There are key differences between employees and independent contractors. An employee is often someone who works for another person’s business, uses their employer’s tools and materials, and maintains an ongoing relationship with their employer. By contrast, an independent contractor is someone who typically runs their own business, works with multiple clients, and often has a temporary relationship with a company or organization.
Because there is no fine line between employees and independent contractors, companies often mistakenly misclassify employees as independent contractors. However, some employers may deliberately misclassify employees to save money and avoid being subject to laws such as the Fair Labor Standards Act.
Whatever the case may be that led to your misclassification, an employee misclassification attorney from Columbus, Ohio will be able to look at the details of your situation and provide guidance and legal representation.
To read more on employee misclassification, see the Department of Labor’s FAQ.
What Can I Do If I Have Been Misclassified?
If you have been misclassified, we suggest first speaking with an independent contractor misclassification lawyer in Ohio. Our firm focuses on employment-related matters and is familiar with the relevant laws as they pertain to misclassified employees.
There are a few avenues an attorney can take regarding your misclassification status:
- Communicating directly with your employer about the misclassification status.
- Contacting the IRS to request that they determine an individual’s employment status for federal tax purposes with the SS-8 form.
- Filing a lawsuit against your employer should no action be taken to correct your misclassification as an independent contractor. This can sometimes be done as a class or collective action if other employees at your company are facing the same issue.
If you believe you have been misclassified, you have the right to consult with an independent contractor lawyer in Ohio. We can explain your rights, assess what can be done to help rectify the situation, and we can guide you through the entire process.
What Kind of Industries are Employees Commonly Misclassified as Independent Contractors In?
Employee misclassification happens across a wide range of industries. Some of the most common industries where employees may face misclassification include:
- Home healthcare
- Industrial and manufacturing
- Installers (i.e., air conditioning, electrical, lighting, etc.)
- Janitorial services
- Disaster recovery and relief
Connect with an Independent Contractor Misclassification Lawyer in Columbus Today
If you have been misclassified as an independent contractor by your employer, you may be actively missing out on a number of employment benefits including overtime pay and numerous legal protections. Determining your classification status, however, is often difficult.
That is where our team at The Friedmann Firm comes in.
We specialize in employment law with a concentration on ensuring that all employees are paid minimum wage and overtime pay while working to address employment issues such as harassment, discrimination, and misclassification. As experienced employee misclassification attorneys in Columbus, Ohio, we are here to ensure that you are being classified correctly and to help you recover any compensation that you may be owed.
We take an aggressive approach to all cases to ensure that employers do not continue to violate the law, both federal and state.
To speak with an independent contractor lawyer in Ohio, connect with us online or over the phone at 614-610-9755 to schedule a free and confidential consultation.