Many states have recently passed new Independent Contractor Laws. These laws describe which workers must be treated as “employees,” and which workers may be treated as “independent contractors.”
The distinction is an important one because employee status comes with many important rights and obligations, including payment of wages and overtime pay, personnel file management, workers compensation insurance, unemployment insurance and income tax withholding. Employee status also comes with the right to sue under the Wage Statute — which provides for attorney’s fees and damages.
Whether you are classified as an employee or an independent contractor is a question of the law. New York law presumes workers are employees. The determination of whether a worker is an employee or an independent contractor is whether your employer controls and directs the services you perform. If the answer is yes, you most likely are an employee. Additionally, you can be an employee, even if your employer gives you a 1099 form instead of a W-2 form.
If you think you have been misclassified, and as a result are owed back pay, call the law firm of Neil H. Greenberg & Associates today at 1-866-546-4752 to schedule a free consultation. The firm’s team of skilled and experienced attorneys is waiting to answer your questions and to help you protect your legal rights.