Virginia Salary & Independent Contractor Misclassification Lawyer
Employee misclassification is a prevalent issue in Virginia that affects workers in many industries. It can unfairly limit the compensation and benefits that workers are entitled to receive for their work.
Some of the rights that apply to employees may not extend to independent contractors. As a result, employers may attempt to misclassify workers as independent contractors when they actually qualify as an employee.
If you have been designated as an independent contractor and believe this to be a misclassification, it is advisable to consult with a skilled Virginia salary & independent contractor misclassification lawyer who could advocate aggressively on your behalf and explore your legal options. Reach out to an experienced independent contractor attorney today.
Key Factors in Differentiating Contractors and Employees
It is often difficult to tell the difference between an employee and an independent contractor. Courts may look at a number of factors to determine the reality of the working situation. One key factor in determining whether an employee is misclassified is how much control the employer has over the worker. In many cases, an independent contractor has complete control over their own methods when working on a project.
If a worker was misclassified and is actually an employee, the employer must provide the employee with the same rights and benefits that other employees receive. This may include vacation, overtime, and health benefits. Moreover, the employer can be retroactively taxed for payments made to the worker.
Employee misclassification can be an unfair competitive advantage, it undermines businesses that follow the law and makes it possible for unscrupulous employers to undercut bids by avoiding payroll costs. Under the Virginia Unemployment Compensation Act, services performed by an individual for remuneration are considered an employee unless the Commission determines otherwise.
Important Legal Elements of Employee Misclassification Cases
Cases involving a potential misclassification of employment status may require a thorough evaluation of the nature of the employee’s work. The courts may apply a “totality of circumstances” approach in the evaluation of the importance and weight given to each factor. However, the right to control the manner of the work performed may be considered more than other factors.
Typically, misclassification claims stem from a worker who is not receiving benefits such as overtime pay for their work performed. If a worker is rightfully classified as an independent contractor, they are not entitled to overtime pay.
Every year, the Virginia Occupational Safety and Health (VOSH) policy conducts a number of workplace inspections. If VOSH believes at any time that an employer has misclassified its employees, the employer may face fines and penalties.
Under the Fair Labor Standards Act, most workers are entitled to overtime wages and should be compensated one and a half times their current wage for time worked more than 40 hours per week.
Contact a Virginia Salary & Independent Contractor Misclassification Attorney Today
Determining whether you are an employee, a nonexempt salaried employee, or an independent contractor can be highly technical. Fortunately, a skilled Virginia salary & independent contractor misclassification lawyer who is skilled in employment law may be able to craft a strong case that can protect your rights. To learn more, call now.
