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One of the most common ways for employers to violate state and federal labor laws is to misclassify employees as independent contractors. While there are certainly legitimate reasons for companies to use independent contractors, we often find that this classification is made to avoid paying proper benefits and wages. At Scott & Winters Law Firm, LLC, our Cleveland independent contractor misclassification attorneys are here to help you recover compensation. If you have been misclassified, let us help you recover any pay or benefits you should have received.
Companies large and small save a lot of money each year by illegally designating workers as so-called “independent contractors.” Some companies engage in complicated schemes whereby workers are engaged through multiple layers of companies.
These are known as fissured employment schemes, and Scott & Winters Law Firm has filed many lawsuits against companies that contract with smaller companies that then hire “independent contractors” to deprive their workers of minimum wages and overtime compensation. We’ve seen larger companies at the top of the scheme retain significant control over how workers dress (including requiring workers to wear clothing and other identification that identify the workers as associated with the larger company), control the manner in which work is performed, and the manner in which workers interact with company clients, resulting in wage violations of federal and state law.
In some cases, unlawfully designated “independent contractors” workers lose thousands of dollars on a yearly basis because they are not correctly paid overtime compensation and minimum wages.
These types of working relationships are very common in certain industries, such as cable installation, construction, courier services, and disaster recovery. Companies misclassify workers to save money – in taxes, in overtime pay, and in workers’ compensation payments. Certainly, some workers are properly designated as independent contractors, but many others are not. Illegal misclassification harms workers, and it hurts society at large. If you are designated as a 1099 independent contractor, you may be wondering if you are misclassified, what your legal rights are, and how you know if you are misclassified.
There are several different tests for determining whether someone is properly classified as an independent contractor or should be properly classified as an employee. At Scott & Winters Law Firm, our attorneys have extensive experience with uncovering and analyzing critical evidence for applying these tests. Even in situations where workers have signed agreements acknowledging that they are independent contractors, Scott & Winters Law Firm has successfully defeated such agreements to have the workers properly recognized as employees who are entitled to compensation for all hours worked and overtime. The most important issue is whether, as a matter of economic reality, the worker is dependent on a corporation for their livelihood.
Scott & Winters Law Firm frequently file claims on behalf of misclassified workers. Because this area of the law is so complex and specific, It is important to talk to a wage lawyer about your individual situation if you believe that you may be misclassified. Our attorneys have the experience and expertise to identify potential violations of federal law under the Fair Labor Standards Act as well as Ohio law. We can also determine the best way to bring the claim, whether on behalf of a class, a collective, or as an individual claim. We will look for ways to maximize the potential recoveries available under federal and Ohio law.
If you believe that you have been misclassified by your employer in Ohio, we encourage you to contact a skilled attorney as soon as possible. At Scott & Winters Law Firm, our team has experience handling complex wage and hour violation issues in Ohio and throughout the U.S. We have the resources necessary to stand up to aggressive employers, fully investigate their classification practices, and help you recover any compensation you are entitled to. When you need a Cleveland independent contractor misclassification lawyer, you can contact us for a free consultation. Our team is always available when you call (216) 912-2221.