Rhode Island Misclassified Independent Contractor Attorney

Do you believe you have been misclassified as an independent contractor in Rhode Island? Misclassification can cost you wages, benefits, and important legal protections. If you suspect your employer has classified you incorrectly, it’s time to take action.

Herman Law Group understands how frustrating it can be to lose out on the rights you deserve. Our team will work with you to assess your situation, explain your options, and fight for the compensation you are owed. We have extensive experience helping workers like you reclaim lost wages, secure benefits, and hold employers accountable.

Legal Criteria for Classifying Independent Contractors vs. Employees

Employers must consider various legal criteria when classifying workers as employees or independent contractors. For independent contractors, the criteria focus on the degree of independence in their work. Key determining factors include:

• Control over Work: Independent contractors control how they complete their work. They decide the work hours, methods, and tools they use without direct supervision from the employer.
• Business Independence: Independent contractors often operate their own businesses, offering services to the public or multiple clients. This independence is a strong indicator that they are not employees.
• Financial Control: Independent contractors typically invest in their own equipment and tools, manage expenses, and maintain significant financial control over their business operations. They also face a profit or loss based on their business activities.

In contrast, the criteria for employees focus on the employer’s level of control and the integration of the worker into the business:

• Employer Control: Employees work under the employer’s control and direction concerning when, where, and how to work. The employer sets schedules, provides tools, and gives specific instructions.
• Work as a Part of Regular Business: Employees typically perform duties that are essential to the business. If the work is a regular part of the business’s operations, this suggests the worker is an employee.
• Payment and Benefits: Employees usually receive a regular wage or salary, which the employer calculates by the hour, week, or another time period. They often qualify for benefits like health insurance, retirement contributions, and paid leave.

Employee Rights and Protections Not Available to Independent Contractors

Employees in Rhode Island receive many legal rights and protections that independent contractors do not. These rights aim to ensure fair treatment, financial stability, and workplace safety for employees. Misclassification as an independent contractor can result in losing access to important benefits like:

• Overtime Pay: Employees qualify for overtime pay under state and federal laws. When employees work more than 40 hours in a week, employers must pay time-and-a-half for the extra hours. Independent contractors do not receive this protection.
• Minimum Wage: Employers must pay employees at least the minimum wage set by state and federal law. Independent contractors negotiate their rates and do not benefit from minimum wage protections.
• Health Insurance and Benefits: Employees often receive health insurance, paid time off, retirement plan contributions, and other benefits. Employers are not required to provide these benefits to independent contractors.
• Workers’ Compensation: Employees injured on the job have the right to workers’ compensation benefits, which cover medical expenses and lost wages. Independent contractors must manage their own insurance and cannot claim workers’ compensation.
• Unemployment Benefits: If employees lose their jobs through no fault of their own, they can apply for unemployment benefits, which aren’t available to independent contractors.
• Payroll Taxes: Employers must contribute to Social Security and Medicare taxes for their employees under the Federal Insurance Contributions Act (FICA). Employers pay half of these taxes, while the employee’s portion is deducted from their paycheck.

Common Signs of Misclassification

Misclassification often happens because employers want to reduce costs or avoid compliance with labor laws. Below is a list of common signs that could indicate misclassification:

• The employer controls how, when, and where you work.
• The employer requires you to follow detailed instructions for completing your tasks.
• The employer provides all necessary tools, equipment, or supplies.
• The employer requires you to work set hours or shifts.
• You perform work that is a core part of the employer’s business.
• You cannot subcontract your work or hire assistants without the employer’s approval.
• The employer requires you to undergo company training.
• You receive a regular paycheck or hourly wage instead of payment by project.
• The employer does not allow you to advertise or perform work for other clients.
• You work for the same employer for an extended period without a contract renewal.
• The employer pays for your business expenses or reimburses you for them.
• The employer requires you to follow an employee handbook or company policies.
• The employer disciplines you or threatens termination for not following rules.

Legal Remedies Available to Misclassified Employees

Misclassified employees have several legal remedies available to recover lost wages, benefits, and other compensation. Workers can file claims with the Rhode Island Department of Labor and Training (DLT) or the U.S. Department of Labor (DOL). These agencies investigate misclassification cases and can order employers to pay back wages, overtime, and penalties. Workers can also file lawsuits to recover compensation for unpaid wages, denied benefits, and violations of employment laws.

In some cases, employees can receive additional compensation for retaliation if their employers take adverse actions against them for filing claims. Employers who misclassify workers can also face penalties and enforcement actions to prevent future violations.

A lawyer can help you through this process by reviewing your work conditions, gathering evidence to support your claim, and filing the necessary paperwork. They can also represent you in negotiations or court to ensure you recover the full compensation you deserve.

Contact Our Rhode Island Employment Attorney Now

If you believe your employer has misclassified you as an independent contractor, don’t wait to take action. You could be missing out on wages, benefits, and protections that you deserve. The team at Herman Law Group can help you understand your rights and pursue the compensation you are owed. Take the first step today by contacting us for a free initial consultation.

Herman Law Group is based in Providence, Rhode Island, and also serves Bristol County, Kent County, Washington County, Providence County, Warwick, and Cranston. The firm also extends its services to Attleboro, Boston, and other locations in Massachusetts.