Misclassification of Workers
Employee Misclassification Disputes in New York, New Jersey, and Connecticut
Results-Oriented Employment Law Attorney in New York City
Employers commonly seek to misclassify employees as independent contractors or exempt employees, for a variety of reasons. Your employer may wrongfully label you as such an exempt employee in an attempt to avoid paying overtime, or may illegally designate you as an independent contractor, so that taxes won’t be withheld, benefits denied or workers’ compensation unavailable. However, your classification does not depend on how your employer identifies you—there are tests to determine whether you are exempt/non-exempt, and whether you qualify as an employee or are working as an independent contractor. If you believe your employer has wrongfully classified you to your detriment, the Law Office of Justin A. Zeller can assist you.
At the Law Office of Justin A. Zeller, we offer nearly two decades of employment law experience to men and women in New York, New Jersey, and Connecticut. We know the challenges that can arise when you have been misclassified as non-exempt or as an independent contractor.
At our office, no controversy is too large or too small. We’ll take the time to learn all the details of your potential claim, as well as the ways you have been affected and what you need to be compensated for all your losses. We’ll work closely with you at all stages of the legal process, from the investigation of your case and the filing of a claim to its successful resolution. We’ll keep you apprised of all developments in your case, as well as your options and prospects for success, so that you can make informed decisions about your future.
Strong Counsel When You Have Been Misclassified in an Employment Situation
We have a comprehensive understanding of the tests that determine whether an employee is exempt or non-exempt, and whether a worker is an employee or an independent contractor. We will carefully examine the details of your employment arrangement, looking at a wide variety of criteria, including:
- The similarities between your duties others who are exempt/non-exempt employees
- The extent to which your employer dictates your work schedule
- The degree of instruction you receive from your employer
- The amount of training you have received from your employer
- The types of performance evaluations that are conducted
- How you are paid
- Whether there’s a written contract establishing the nature of your relationship
Contact an Experienced New York City Employment Disputes Lawyer
We provide a complimentary consultation to anyone with a potential employment law claim. For an appointment, call the Law Office of Justin A. Zeller at (212) 229-2249 or contact us by email. Evening and weekend consultations are available. We can also provide translation services for Spanish-speaking clients.
We handle wage and hour disputes, such as the misclassification of workers, on a contingency basis. You won’t incur legal fees unless we get a monetary award for your losses.