According to the Fair Labor Standards Act (FLSA), the employment rights of an employee differ to those of a contractor. Those who have an “employment relationship” are the recipient of many more benefits. Because of this, a problem can occur. Employers often misclassify their workers for the unfair benefit of their business.
This blog will provide information on what defines the role of employees and contractors, and which one you qualify as according to the FLSA. It will help you determine whether you are a misclassified employee.
Are you a vital part of the business?
If the business depends on you to a large degree, and your absence would have a negative impact on the knowledge base of the company, then it is likely that you are classified as an employee. If you are dependent financially on this particular employer, rather than as an independent freelancer, then it is also evidence to suggest that you should be classified as an employee.
Do you invest in your own equipment?
If you are an employee, it would be expected that the employer would invest in your working equipment. If you are a contractor, you would invest in your own. If the employer has invested in any significant equipment for you, it suggests that you should be classified as an employee.
Are you permanently working?
The permanency of your work should determine how you should be classified. If you have a stable relationship with the employer, then you should be classified as an employee.
There are many other factors that are taken into consideration. If you believe that you are a misclassified worker, you should seek guidance from a legal advisor.
Source: DOL, “Am I an employee?,” accessed Sep. 23, 2017