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Employee Misclassification Wage and Hour Violations in New York

There’s nothing more frustrating than doing a job to the best of your ability and not receiving fair compensation for that work. Unfortunately, the world is full of employers who do their best to get away with less-than-fair work practices. Most of them are more than familiar with the workplace laws put in place by the U.S. Department of Labor but choose, nonetheless, to disregard them. People like this not only cheat hard-working individuals of the money they deserve but often destroy morale, intimidate, and do other things that make life difficult for workers who simply strive to keep food on their table and a roof over their head.

 

Among the most common work-related disputes, notes New York employment law attorney, Harley Fastman, are employee misclassification cases.  Employee misclassification refers to the hiring on an individual and the classification of that person as an “independent contractor” rather than a “regular” employee. Misclassification is a common problem throughout the country, including in New York, and is an issue that must be addressed.

 

Misclassification impacts the employee in a number of different ways, points out New York Wage and Hour attorney, Harley Fastman, who practices employment-related cases throughout the Greater New York City area, including Manhattan, The Bronx, Brooklyn, Queens, Westchester, and Nassau and Suffolk Counties. Most important, he says, is the fact that this misclassification may make the employee ineligible for certain perks that normal employees would receive. These include employer-based benefits such as health insurance as well as workers compensation and unemployment insurance.

 

Similarly, through misclassification, employees who are deemed independent contractors may lose certain labor law protections such as minimum wage, overtime pay, and family and medical leave.

 

Employers who practice misclassification do so to increase their bottom line. Through misclassification they can avoid paying certain expenses including FICA taxes, income taxes, unemployment taxes, and workers’ compensation premiums.

 

Obviously, their misclassification practices are driven by the desire to save money. But this also hurts taxpayers in general as less is being paid to local and federal government for things like unemployment insurance and Social Security. Misclassification also gives dishonest employers unfair advantages over those who operate their businesses legally.

 

If you believe you’ve been misclassified, examine your relationship with your employer. If your employer can control what you will do and how it will be done, then you are an “employee”. If you are an “independent contractor”, the person who is paying you can only direct and control the result of your work, not what will be done and how the work will be done. If, after reviewing the situation, you determine you’ve been misclassified, it’s time to take action.

 

Employers who are violating wage and hour laws need to be stopped.   The Law Offices of Harley Fastman are well acquainted with the particulars of New York employment law and can assist those who’ve been hurt by employee misclassification to recover what they’ve lost. Through thorough investigation and a knowledge of the particulars of NY labor law, Fastman can help obtain back wages as well as any other damages owed because of the misclassification.

 

If you’ve been a victim of misclassification or any other employment issues, including unfair overtime practices, failure to pay minimum wage, withheld wages, illegal deductions, or tip-related issues, you have the right to legal representation and to file suit against the employer in order to right these wrongs. For more information about your options, call 516-437-7300 or complete the Online Case Review Form on this
website.

 

 

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