New York City Employment Misclassification Attorneys
There are two kinds of misclassification problems that frequently affect employees in New York: misclassification of employees as "exempt" to avoid paying overtime wages, and misclassification of individuals as independent contractors. The attorneys of Raff & Becker, LLP, have more than 40 years of experience handling both types of misclassification issues.
Misclassification of Employees as "Exempt" from Overtime
Employees who are not exempt from overtime laws and regulations ("non-exempt employees") must be paid overtime wages for any time worked in excess of 40 hours in one week. Employees who are exempt from these laws and regulations ("exempt employees"), such as managers or executives, are not entitled to receive overtime pay.
Some employers misclassify non-exempt employees as exempt so that they can avoid paying overtime. This is illegal. If the employee is really doing the work of a non-exempt employee and works for more than 40 hours in one week, he or she is entitled to be paid overtime.
If you believe that your employer has been misclassifying you to avoid paying you overtime, contact the lawyers of Raff & Becker, LLP. We can assess your situation, and if your rights have been violated, we can help you get the right classification and the overtime wages that you are owed.
Independent Contractor Misclassification
Some employers misclassify their workers as independent contractors — even though they are actually employees — to avoid paying for taxes that employers normally pay.
Many employees do not realize they have been misclassified until they have difficulty qualifying for unemployment benefits or their income taxes become due. Instead of receiving a W-4 form, they may receive a 1099 form. Furthermore, because the employers did not pay their share of Social Security and Medicare taxes, the employees have to bear the cost of paying these taxes out of their own pockets.
If you suspect that you have been misclassified, contact us at Raff & Becker, LLP. We will tell you what your options are and may represent you before one of the appropriate government agencies or in Federal or State Court.
Contact our firm to discuss your rights regarding non-exempt employee or independent contractor misclassification. You deserve the benefits you have worked hard for, and our New York City employee misclassification attorneys can help you.
