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Measuring an employer’s degree of control

Posted on January 21, 2015 11:47 am under Overtime Law and Minimum Wage Violations

Over the years, more and more people have filed wage dispute claims against their employers for being misclassified as an independent contractor, which prevents them from receiving overtime compensation and other benefits. To reduce the amount of misclassification, the Wisconsin Department of Workforce Development implemented a six-part test to determine employment relationship. The first part, and probably the one that has the highest consideration, is the degree of control.

The degree of control defines how much an employer controls his employee. If you answer no to several of these questions and have been identified as an independent worker, chances are you have been misclassified by your employer:

  • Do you control the means and methods of your tasks?
  • Are you the one who establishes schedules and routines?
  • Do you perform your services without supervision?
  • Are you the one who decides your working hours?
  • Do you hold your practice to the general public?
  • Are you exempted from filing leave forms?
  • Are you the one paying your own taxes?

The questions above are not determinative. If you suspect that you have just been misclassified in Madison, a lawyer at Habush Habush & Rottier S.C. ® may look into your circumstances to determine the possibility of filing a legal claim. Call us at (414) 271-0900 to know more about how we can be of help.