Is it legal for my boss to consider me and Independent Contractor?
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Is it legal for my boss to consider me and Independent Contractor?
My boss recently moved me from an employee to a Independent Contractor at the
beginning of 2016. Is this legal, considering I use all of his equipment, his
office, he determined my salary per year, and I have set days and times I have to
be here?
Asked on November 8, 2016 under Employment Labor Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Based on what you write, you appear to have been mischaracterized (or misclassified) as an independent contractor: if the employer exercises the degree of control you indicate over your job, then you would be an employee, not an independent contractor. (And as a general proposition, if you were an employee and are still doing the same thing, more or less, in the same place and same way, then you're still an employee--just changing the description without changing the facts of what you do and how you do it does not make you not an employee.)
Because you apparently have been mischaracterized, you may be entitled to the compensation you should have received as an employee, if you're not getting it (e.g. benefits; employer paying employer portion of Social Security and Medicare; etc.). If you can't get a useful response from the department of labor, try consulting with an employment lawyer about possibly suing.
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