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Degree of permanence a factor in classifying a worker

Posted on January 25, 2015 12:28 pm under Overtime Law and Minimum Wage Violations

Being misclassified as an independent contractor instead of an employee prohibits a salaried worker from receiving overtime compensation. Unfortunately, some employers deliberately attempt to misclassify their workers to free them of the obligation of providing overtime payment and other benefits. As such, it is important for workers to determine whether or not their circumstances classify them as an independent contractor or an employee.

One way to know that you are being misclassified as an independent contractor is to determine the degree of permanence of your relationship with the business owner. The Wisconsin Department of Workforce Development has released a series of non-exhaustive questions that may help assess how permanent a work relationship might be:

  • Does the employer solely own the right to terminate the worker?
  • Is the job ongoing and not project-based?
  • Is there an indefinite engagement? Do you feel that there is an indefinite engagement?
  • Do the worker and the business owner believe they are sharing an employer-employee relationship?
  • In the presence of a job contract, is the contract subject to automatic renewal or periodic review for renewal?

If you answer yes to almost all of these questions and have been classified as an independent contractor in Wisconsin, know whether your employer is committing any overtime violation against you by consulting with an attorney at Habush Habush & Rottier S.C. ®. Call our office at (414) 271-0900 today.