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Law Offices of Dan A. Atkerson

Should I Be an Employee and Not a Contractor?

By Dan Atkerson on July 19, 2017

How you are classified as an employee affects your life in many ways. It is the difference in being covered by many federal and state laws regarding employment benefits, overtime pay, and other workplace rights. Employees that are classified as independent contractors are not protected by these laws. Independently contracted employees are becoming more prevalent now, an article by Forbes said that from 2005 to 2015, the number of independent contractors in the workforce grew from 10.5% to 15%. However, many of these contractors legally should be categorized as employees, and there are ways to figure out if you should be an employee.

How Do You Know If You're an Employee?

  • How independent are you? Do you drive to a workplace where all the equipment necessary for your job is provided by your employer? Were you given training for your job? The more that a company invests into you as an employee, and provides the tools, equipment, and training necessary for your job, the more likely it is that you should be an employee.
  • Are you misclassified as a supervisor? The Fair Labor Standards Act, guarantees employees minimum wage and overtime pay, but it does not cover everyone. Supervisors and managers, administrative, and many computer workers are exempted from coverage. These exemptions do not apply to employees making less than $455 per week. Many employers misclassify employees into these roles to avoid paying overtime. A Dallas employment lawyer can review your job duties to investigate if you have been misclassified.
Dan A. Atkerson is a Dallas attorney who specializes in worker misclassification, and has years of experience taking on the toughest companies in court.  

 

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