If I was misclassified as an independent contractor, what can I do about it?

By Douglas Lipsky

Well, there’s a number of things you could do and obviously coming in, you know, talking to an employment lawyer like the employment lawyers here at Lipsky Lowe. There are definitely causes of action because you have been denied certain things and sometimes what you’re denying is not necessarily wages. Although often times it is wages, wages not paid correctly. Typically if you think you’re working as an independent contractor but you’re actually an employee then generally speaking you’re gonna be working under some contract rate which likely doesn’t include overtime even though you may be including overtime. But a lot of the other areas where you have rights that have been denied by your misclassification are in things like benefits participation, in health care participation, in a 401k or other retirement benefits that you have been denied.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.