Workers in many fields are misclassified as independent contractors, when by law, they are really employees who would be entitled to minimum wage, overtime at the rate of time and one half, and would be entitled to have the employer bear the cost of work related expenses. The misclassification of workers as contractors is common in industries such as truck drivers, delivery drivers, janitors, security guards, store delivery persons, and home health care providers such as nurses, home health aides, and various therapists. While the test of who is a contractor and who is an employee can be complex, relevant considerations are how much control the business exerts over the work of the contractor, whether the contractor is performing the primary business of the company, and whether the contractor is truly in business for themselves. Getman Sweeney Dunn has recently won a declaration by a federal court that a major trucking company Central Refrigerated Service wrongfully classified its employees as independent contractors.
If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the following information: