Have You Been Accused Of Misclassifying An Employee?
For clear and dependable guidance on employee classification in New York, consult Weinstein, Kaplan & Cohen, P.C., in Long Island. Our employment law practice has years of experience advising and litigating on behalf of employers of all sizes operating in the New York area.
Depending on the industry, employers often use a mix of full-time employees, independent contractors and temporary workers as staff. These labels are important, because full-time employees have several legal rights, such as a minimum wage, to which nonemployees are not entitled. An employer treating employees as nonemployees is at risk of a costly lawsuit. The company’s ability to do business could be impacted.
What is The Difference Between An Independent Contractor And Employee?
The distinction between employee and independent contractor is not always clear, but the law points to several factors such as:
- Whether the employer chooses when, where and how the worker performs their tasks
- Whether the employer provides a venue to do the work
- Whether the employer sets the rate of pay
- Whether the worker is required to work for the employer exclusively
- Whether the employer has the right to hire and fire
At Weinstein, Kaplan & Cohen, P.C., our employment lawyers assist employers with identifying which of their workforce are employees and establishing guidelines for treatment of employees versus contractors. We are also accomplished trial lawyers who can mount a vigorous defense against a lawsuit alleging worker misclassification.