Maryland Salary and Independent Contractor Misclassification Lawyer
If your employer treats you as an independent contractor even though they control when, where and how you work, you may be a victim of independent contractor misclassification. You should consider getting legal advice about your rights. The same is true if you are a salaried employee and your employer refuses to pay you for overtime work.
For these and other employment concerns, a qualified employment attorney is available to help. We focus on helping workers advocate for their rights, so call today to learn more about how a Maryland salary and independent contractor misclassification lawyer could help you.
What is Independent Contractor Misclassification?
Independent contractor misclassification takes place any time that an employer unlawfully treats someone as an independent contractor instead of an employee. Misclassification is a common tactic of Maryland employers who want to avoid obligations such as tax withholding, workers’ compensation insurance, and compliance with other laws.
In doing this, employers that misclassify not only break the law, but also harm their employees.
Misclassified workers often do not get minimum wage or overtime pay and may find themselves having to pay higher self-employment taxes when they should not. Independent contractors do not get worker’s compensation protection and many other state and federal laws may not apply to them. In a very real sense, employers that misclassify their employees can be stealing from them both in terms of pay but also by denying them legal protections.
For example, the Maryland Healthy Working Families Act requires paid sick leave for many employees, but someone who is misclassified as an independent contractor may have to take leave without pay, or even get fired, if they have to take time off to care for a sick family member.
A skilled salary and independent contractor misclassification lawyer in Maryland can help employees identify possible violations and suggest actions to take.
Overtime Pay for Hourly and Salaried Employees
Federal law requires that employers pay time-and-a-half for overtime work to all covered employees. This is so even for many salaried workers and is supposed to be the case for misclassified independent contractors.
Unless an employee is exempt from the overtime law, an employer must pay the overtime premium. The law does not base the test for exempt vs. non-exempt on how an employee is paid or their job title, but on what their actual job duties are.
Some employers wrongly treat all salaried employees or all “management” employees as exempt from overtime. Similarly, the law does not allow an employer to avoid paying overtime simply by treating an employee as an independent contractor.
Most employees who work for tips qualify for minimum wage and overtime pay. A tipped employee is considered anyone who receives $30 or more per month in tips.
Even though some tipped employees can receive a base pay of $3.63 per hour, which is far lower than minimum wage, the employer must make up the difference for any hours for which base pay plus tips fall short of the minimum wage. Maryland’s state minimum wage is $10.10 per hour and this rate is higher in certain counties.
Employees who have concerns about whether their employer has failed to pay overtime or other legally required wages can get advice about their rights from a Maryland salary and independent contractor misclassification attorney.
Benefits of Hiring an Experienced Attorney
Hiring an experienced advocate is important when it comes to salary and independent contractor misclassification cases. Many workplace issues are complex and call for skilled legal guidance.
For these reasons, retaining a Maryland salary and independent contractor misclassification lawyer could be critical to get understanding your legal rights.
An accomplished lawyer could also take the time to advise about whether you may be able to seek compensation from your employer for any losses you have suffered. Contact us today to schedule a consultation to learn more about how a Maryland salary and independent contractor misclassification attorney could help.
