Independent Contractor Misclassification in North Carolina
The Noble Law Firm provides legal services to workers who find themselves trapped in the “gig economy” through improper employee misclassification. Employers will often misclassify an individual as an independent contractor or freelancer in an effort to save the company money. Operating on a premise that the employers do not exercise enough control over their contractors to call them “employees,” the misclassification actually allows companies to cheat would-be employees of rights, such as fair pay, overtime, and leave. That’s not freedom; that’s exploitation.
We are among North Carolina’s leading employment law firms. When you trust us to represent you in your misclassification case, our team of attorneys and support staff will get right to work investigating your history and relationship to the company for which you have been providing valuable services. We look forward to correcting the record and recovering compensatory damages that more accurately represent the value of your work.
Is it Worth Challenging Employee Misclassification?
Yes, because when you are misclassified, you are denied benefits like health insurance, life insurance, and union membership. In addition, you lack the protections of Federal employment laws; your employer may discriminate against you based on race, skin color, national origin, gender, disability, religion, or age. Further, when you put in long hours as a 1099 misclassified employee, you don’t have the right to overtime pay–this is wage theft.
Moreover, your employer doesn’t have to cover you under their workers’ compensation plan, putting you at risk if you are injured on the job. Misclassification also enables your employer to avoid paying Federal and state taxes that are otherwise required for employees. Finally, if your job ends, you are left without access to unemployment insurance because your employer has not paid into North Carolina’s unemployment compensation fund for you.
How Do I Know If I’m An Employee or an Independent Contractor?
The Federal Fair Labor Standards Act has finalized new rules for determining employee classification.The key takeaway is that employer actions speak louder than words regarding how they classify workers. The FLSA’s key measure for employee independence is the “economic reality” test, which considers whether the worker economically dependent on this business or instead is really in business for himself.
The core factors that determine if an individual is an independent contractor include the following:
- The extent of employer control over the individual’s work
- Whether the worker is really in business for themself
- The opportunity for profit or loss based on the initiative of the worker
Additional factors include:
- The amount of skill required for the work
- Whether the work is part of an integrated unit of production
- The degree of permanence of the relationship between worker and employer
What if My Employer Says I’m 1099 No Matter What I Say?
Your employer cannot decide when or how to follow the law. For example, if your employer won’t budge because you were hired with the understanding that you are an independent contractor, or they claim you’ve been working on that basis and now it’s too late to change, this is not determinative. Instead, the economic reality of your working relationship determines whether you are a misclassified independent contractor.
Your employer might genuinely think they are acting within the law, but that’s not a legal defense or excuse. Our 1099 misclassification employment attorneys have proved in many cases that titles and labels don’t necessarily make someone an independent contractor or freelancer. Instead, what matters is the substance, or economic reality, of your relationship with the company.
How The Noble Law Can Help
If you’ve been misclassified, it’s not too late to make your employer do the right thing and pay you the money you are owed. We can hold your employer accountable and obtain justice for you. We’ve been at the forefront of representing misclassified workers for many years. We won’t give up until you receive the workplace status and the recovery you deserve.
Our North Carolina Contractor Misclassification Lawyers share your goals: to secure your dignity, obtain all the money you are owed, and make it possible for you to earn a living and enjoy all the benefits and protections you have under state and federal laws. We’ve heard all the employer excuses before, and we know a bluff when we see it.
Schedule a consultation with The Noble Law
At The Noble Law, we appreciate how important your job is to you and how much you need the rights that every employee wants: equal pay, benefits, and paid time off. We also know how to assign the proper monetary value to any rights you have been denied. Rest assured, when retain our firm, we will do everything we can to help hold your employer accountable under North Carolina and Federal law. Schedule a consultation with us today.