Generally, there is a lot of information out there concerning the classification of workers. As such, it is rarely an honest mistake for an employer to misclassify an employee as a contract worker. This article will discuss some points and signs showing that your employer may be misclassifying you as a contract worker when you are, in fact, an employee.
In as much as nobody likes labels, being able to differentiate whether you are an employee or a contract worker is of the utmost importance as it affects many aspects of the employment relationship. One of the main aspects affected by being labeled as a contract worker when, in fact, you are an employee is that you forgo some rights and benefits. In addition, contract workers also enjoy their own benefits as compared to employees. For example, contract workers benefit from having the freedom of working and setting their own hours and terms of employment with an employer and are not tied down to one employer. While being misclassified as a contract worker deprives an employee of certain rights and benefits, it is also illegal.
Take note of some of the signs that you can use as a test to determine whether you are being misclassified:
- Your work hours, location, and how you work are predetermined by your employer – if your employer determines how many hours you work in a day, where you work, and your work schedule, then you are not a contract worker. Independent contractors [https://www.dir.ca.gov/dlse/faq_independentcontractor.htm] have more control over when they work and how they work. Though employers may determine the location of their jobs.
- Employment is indefinite – if your employment relationship has no expiry date and you have been hired for an indefinite period, you are not a contract worker. Contract workers are bound by specific timelines and have an end date in view of the working relationship. Most independent contractors are hired to do a specific job on a temporary basis.
- Your employer provides all the equipment – many independent contractors bring their own tools and supplies to job sites. However, if your employer provides everything that you need to do your job, you may be an employee.
- Are you paid a regular monthly paycheck? – If you do not invoice your employer for the work you have done, then you are not an independent contractor. More so, if you receive a regular monthly paycheck without the invoice, you are an employee.
- You work for one company – while not all independent contractors have a rotation of different clients, most of them do. If you only work for one company, you are an employee of that company.
- Your job is no different from other full-time workers – if you look around the workplace and find that there is nothing different about your job description or the conditions under which you work with other employees, then you are an employee.
While every industry is different, some independent contractors may work under the conditions mentioned above. However, if your employer is calling you and other contract workers seek out class action lawsuit lawyers in California.