Are you or your employee(s) independent contractor(s) or an employee(s)?
Many companies improperly classify some of their workers as independent contractors who receive no benefits and no overtime pay for the work or services they provide. If you and/or your co-workers are in this category, you may be entitled to benefits and to back pay if you worked more than 40 hours in a workweek and were not paid overtime at time and a half your regular rate of pay.
The Internal Revenue Service has a 20 factor test that is used to determine whether a worker providing services is an independent contractor or and employee under the law. The IRS 20 factors are set forth at: http://www.ftmn.com/Employee.html Review them and see if you think you and/or your co workers are independent contractors or employees.
You DO NOT have to have all of the characteristics of an employee listed in the 20 factor test to be considered an employee. Some of these factors are more important than others. For example, the most important is whether the company or you have the right to control your work tasks, schedule and method of performing work on a daily basis. Report writing is relevant but not that critical, etc.
In addition, Washington law requires that to be legally considered an independent contractor rather than an employee you must meet additional requirements such as maintaining a separate book of records regarding your business, have a business identifier number from the State of Washington and file a schedule of business expenses with the IRS annually.
If you feel you and/or your co-workers have been unlawfully denied benefits and/or the payment of overtime for hours worked over 40 in a workweek because you are an employee rather than an independent contractor as your employer has classified you, call Tim Pauley at Connell, Cordova, Hunter & Pauley, pllc for a free consultation. He has worked in the labor and employment law field for over 30 years and has handled many cases regarding independent contractor or employee status issues.
