New York Misclassified Employee Lawyer

Hourly vs. Salaried and 1099 Employees

The Fair Labor Standards Act (FLSA) and New York wage and hour laws were enacted to ensure that employees are paid their proper wages and overtime. However, many employers deliberately or inadvertently violate these laws and fail to provide employees with the compensation to which they are entitled.

Employee vs. Independent Contractor (1099 Employee)

One of the areas where FLSA and wage and hour laws are often violated is in the proper classification of employees and independent contractors. Whether you are an employee or independent contractor hinges on three main factors:

• Behavior — Does the employer control your job or how you do your job?
• Financial — Does the employer control the business aspects of your job, such as who buys supplies and who provides equipment, and are you reimbursed for expenses?
• Business Relationship — Is there a written contract? Are you entitled to insurance benefits, vacation pay or participation in a pension plan? What is the duration of the relationship, i.e., is there a set termination date? What is your function, i.e., are you performing a key function for the business?

If you believe you may be misclassified as an independent contractor or 1099 employee rather than a standard employee, you may be entitled to additional compensation and should consult an experienced New York Wage and Overtime Lawyer.

Salaried vs. Hourly Employees

Many employers work under the misguided notion that salaried employees are not entitled to overtime. Just because you are a salaried employee does not mean you are not entitled to overtime. Whether you are entitled to overtime depends on the type of work you do, not the job title you are given or how you are paid (a salary vs. hourly).

If you believe wages and overtime have been inappropriately withheld by your employer, or have questions about your classification as an exempt employee who is not entitled to overtime (see exempt vs. nonexempt employees), then you should consult an experienced wage and hour law lawyer.

At Leeds Morelli & Brown, PC, our lawyers have extensive experience in handling employment disputes. Such employment disputes consist of overtime claims and wage and hour law violations, including violations resulting from the improper classification of employees as independent contractors or as salaried exempt employees. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and elsewhere in the New York City metropolitan area, as well as across the country.

We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim. Contact us today to discover how we can help you.

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