Shepherd, Finkelman, Miller & Shah, LLP
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Dedicated Client Advocacy

Independent employee misclassification: a national problem

"[W]hen employers deliberately misclassify employees in an attempt to cut costs, everyone loses."

So notes a U.S. Department of Labor website page discussing workers classified inappropriately as independent contractors rather than as regular employees.

That distinction in American workplaces is huge, with misclassification occurring -- often purposefully -- in many millions of cases and with a stark downside for the national economy.

As we note on our business law website at Shepherd, Finkelman, Miller & Shah, LLP (which provides broad-ranging legal services to a diverse client base from offices in many states that span the country), some companies misclassify workers in bad faith "to avoid expenses … as well as to skirt the requirements of immigration laws."

The above-cited government website page notes myriad reasons why businesses misclassify employees. Among other things, they can avoid paying a minimum page; operate free from overtime pay requirements; not have to grant family and medical leave; escape payment for unemployment insurance and workers' compensation; and generally reduce their tax burdens.

If you are a worker who has been denoted as an independent contractor, yet believe yourself to be an employee in that typical sense of the word, you might reasonably want to contact a proven employment law attorney without delay.

And here's why: You could be entitled to a legal remedy under state and/or federal laws that provides compensation for lost benefits owing to your misclassification.

There is a multi-pronged factor test that can shed light on whether you have been shorted through on-the-job misclassification, which our attorneys can discuss with you and apply to the facts of your case.

In many such cases, multiple employees have been similarly misclassified, which makes the filing of a class action employment lawsuit a logical and efficient strategy to pursue.

Shepherd, Finkelman, Miller & Shah attorneys have long-tenured experience helping workers across the country obtain equitable outcomes in employment law matters.

In select cases, we also work with business clients to safeguard their legal rights and help them defend against misclassification claims and other employment-related disputes.

We welcome inquiries to the firm.

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