July 27, 2021 — Minneapolis, MN: Tarshish Cody attorneys Benjamin Tarshish, Adam Strauss, and Kyle Kosieracki were selected to the 2021 Minnesota Super Lawyers Rising Star list. This was the fourth consecutive selection to the Super Lawyer Rising Stars list for the firm’s Consumer Protection and Class Action attorney Adam Strauss. The firm’s Personal Injury […]
MN Independent Contractors Attorney
Independent Contractors
Employers have been classifying employees improperly as “independent contractors” more frequently, in hopes to reduce their costs. This classification can inhibit employees from receiving the compensation that they are entitled to. These may include overtime pay, minimum wages, health benefits and/or retirement benefits, worker’s compensation benefits, FICA taxes, unemployment benefits, and the like.
The use of a Form 1099, an income tax form, does not automatically categorize a worker as an independent contractor for minimum wage law or overtime purposes. Courts examine various elements to decide whether or not a worker has been categorized incorrectly as an independent contractor. These elements can vary based on the jurisdiction, although these elements usually consist of:
- How much control the employer has over the worker(s)
- The worker’s ability to profit, as well as the loss the worker assumes, and the worker’s investment into the company or business
- The worker’s fiscal investment, such as purchasing tools or materials
- The level of specified skill and self-motivation required to complete the work
- The length of the relationship between the employer and worker
- The degree of importance that the work serves as part of the business
No single element is definitive. The courts will examine all circumstances of a working agreement to decipher the correct classification.
Incorrect classifications of independent contractors can happen in many industries, or with various job titles. Some areas in which these incorrect classifications have been known to occur are:
- Construction Workers
- Maintenance or Cleaning Workers
- Cable Installers
- Homeworkers (people who work from home)
- Hair Stylists
- Exotic Dancers
- Nail Salon Workers
- Professional Drivers
- Nannies
- Nurses or Healthcare Workers
- Staffing Agencies
- Landscaping Crews
You may be entitled to overtime pay for up to 3 years, plus further compensation, if you have been incorrectly classified as an independent contractor. We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your case involving Independent Contractors.
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