INVESTIGATIONS

Independent Contractor Classification Questions

Being called an independent contractor—or signing an agreement with that label—doesn’t necessarily answer how a worker is classified under every law. An employee misclassification attorney may review the actual working relationship, including control, independence, investment, opportunity for profit or loss, the nature of the work, compensation, and other relevant circumstances.

On this page, investigation means that the firm may review information to decide whether further legal analysis is appropriate. It doesn’t mean a government agency has opened an investigation, that a violation occurred, or that the firm has agreed to represent anyone.

What does classification affect?

Classification can affect which wage, overtime, recordkeeping, tax, benefit, and other rules may apply. Different laws can use different standards, so a worker could be treated differently for different purposes.

Which facts may be relevant?

A review may consider who sets schedules and rates, how work is assigned and supervised, whether the worker markets services to others, who supplies tools or equipment, the duration of the relationship, whether the worker can make business decisions, and how central the work is to the business. The relevance and weight of each fact depend on the law being applied.

Which workers may raise these questions?

Classification questions can arise for drivers, entertainers, construction trades, field workers, technicians, specialists, mechanics, delivery workers, and many other occupations. A reviewer shouldn’t assume that everyone in a listed occupation has the same status.

What records may help?

Potentially useful records include contracts, invoices, pay records, schedules, work assignments, policies, instructions, communications, expense records, and documents showing work performed for other customers or businesses. Workers should retain only materials they’re authorized to possess.

How the firm may assist

Fitapelli & Schaffer LLP can review the facts a worker provides and discuss whether additional analysis may be appropriate. Classification can’t be determined from the label alone, and contacting the firm doesn’t establish that a misclassification occurred.

Contact Fitapelli and Schaffer LLP

Workers with questions about pay, hours, duties, or classification can contact the firm to request a consultation. An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship.

Sources checked

This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.