Independent Contractor Misclassification Lawyers
Halunen Law is nationally recognized for litigating misclassification cases. You may be misclassified if your company has labelled you as an independent contractor, but actually treats you like an employee. This practice can deprive you of essential benefits and protections, such as minimum wage, overtime pay, and access to health insurance and other benefits. Employee misclassification occurs in various industries, but is particularly prevalent in businesses using drivers and delivery personnel, as well as in construction, healthcare, and information technology. At Halunen Law, we are dedicated to ensuring that workers receive the rights and benefits they are entitled to under the law.
Current Class Action Misclassification Investigations: Focus on Drivers
Halunen Law is currently investigating Minnesota companies that use independent contractors as last-mile or final-mile drivers, as well as other types of couriers, delivery drivers, and distributors. If you are a driver categorized as an independent contractor but are controlled and treated as an employee we encourage you to submit case review information.
Why a Class Action?
Halunen Law uses the class action lawsuit to challenge companies that misclassify workers as independent contractors. A class action is a type of lawsuit in which an individual or small group brings a misclassification claim on behalf of themselves and a class of people (typically, at least 25-30 workers) who have had similar experiences. Besides getting damages, the individual bringing the claim and representing the class typically receives an additional amount as a service award.
Class actions challenging misclassification get the attention of companies in a way that individual claims don’t. A class action also enables employees to file a lawsuit even though any one individual’s damages may not be large enough to warrant bringing a solo case.
How Are Employees Different from Independent Contractors?
Real-world factors distinguish employees from independent contractors. People choose to be employees because that status provides income stability and predictability (regularly paid wages), employer-provided benefits, and legal protections such as minimum wage and overtime laws, workers’ compensation and unemployment benefits.
People typically choose to work as independent contractors because that status allows them independence, flexibility, control in how they deliver the services they are contracted to provide, and greater potential for profit. Independent contractors are basically self-employed and generally have an agreement with the company hiring them that establishes the amount they will be paid for specified work and other conditions of the contract.
How Do Companies Engage in Illegal Misclassification of Workers?
One way that companies try to cut costs, is to hire workers as independent contractors or change employees’ status from employee to independent contractor. At the same time, the company treats the workers like employees. But the law does not allow companies to have their cake and eat it, too. If they want to control the day-to-day activities of their workers, they have to provide them the protections and benefits of employee statutus.
Am I a Misclassified Independent Contractor?
When deciding whether a worker is illegally misclassified as an independent contractor, courts look at the actual nature of the work, not the labels. Below are key indicators that may indicate you are actually an employee, even though you are labelled as an independent contractor:
- Control and Supervision: Can you be disciplined? Does the company control and supervise your work schedule, tasks, and how you perform your job?
- Financial Dependence: Do you rely on a single company for your income, without any opportunity to work for others?
- Tools and Equipment: Does the company provide the tools and equipment you need to do your job?
- Integration: Is your work integral to the business or do you perform tasks similar to those of the company’s employees?
If you are working as a so-called independent contractor, but answered “yes” to some or all of these questions, Halunen Law encourages you to submit a case review to evaluate a possible misclassification lawsuit. If you have been illegally misclassified, you are likely being deprived of benefits and statutory protections that employees receive.
Why Consult with Halunen Law?
- Expertise in Employment Law: With years of experience in employment law and class actions, our attorneys are well-versed in handling employee misclassification cases.
- Dedicated Advocacy: We are committed to fighting for your rights and ensuring you receive the compensation and benefits you deserve.
- Proven Track Record: Halunen Law has successfully represented numerous clients in misclassification cases, securing favorable outcomes and substantial settlements.
