Are You Really an Independent Contractor? You Might Be Misclassified.
Many workers in Pennsylvania and across the country are told they are “independent contractors” when, in reality, they should be treated as employees. This kind of misclassification isn’t just a technical error—it can cost you thousands of dollars in lost wages, benefits, and legal protections.
What’s the Difference Between an Independent Contractor and an Employee?
Independent contractors are self-employed. They typically control how and when they work, use their own tools or equipment, and operate under their own business entity. Employees, on the other hand, work under the control and direction of their employer. Employees are entitled to:
- Minimum wage and overtime pay.
- Workers’ compensation coverage.
- Unemployment benefits.
- Employer contributions to Social Security and Medicare.
- Legal protections against discrimination and retaliation.
If you’re doing the work of an employee but being paid as a contractor, your employer may be violating the law.
Common Industries Where Misclassification Happens
Some industries are notorious for misclassifying employees, including:
- Delivery and courier services.
- Cleaning services.
- Rideshare and gig economy jobs.
Why Misclassification Hurts Workers
When you’re misclassified, you miss out on important rights. You may not get paid for all the hours you work, especially if you’re working more than 40 hours a week without overtime. You may have to pay self-employment taxes and buy your own insurance. You also may not be protected if you get hurt on the job, lose your job without notice, or face harassment or discrimination at work.
How to Know If You’ve Been Misclassified
Here are a few red flags that suggest you may have been misclassified:
- You are required to follow company policies or work a set schedule.
- You perform work that is essential to the company’s business.
- You report to a supervisor or manager.
- You do not have your own business or offer services to the general public.
- You use the company’s tools, equipment, or materials.
If this sounds familiar, you may be owed back pay, unpaid overtime, and other damages.
You Have Legal Rights
Both federal and Pennsylvania law protect workers from misclassification. Employers who misclassify workers can be held accountable for unpaid wages, penalties, and attorneys’ fees. At Wood Legal, we fight to help workers get the pay and protections they’re entitled to.
Contact Us Today
If you believe you’ve been misclassified as an independent contractor, don’t wait. Contact us for a free case evaluation. We’ll help you understand your rights and whether you may have a claim for unpaid wages or other damages.
