DGAA bLAWg

Employee Misclassification and Why It Matters

Web Admin - Monday, March 30, 2015

employment contract, Illinois employment law lawyerThe relationship between employers and employees comes with many legal complexities, and there are times when employers can improperly curtail employees' rights, either by accident or design. One common place where this sort of issue arises is through employee misclassification, the practice of designating an employee as an independent contractor. Although the decision of which of those classes a worker falls into is one for a court to decide, many employers choose to make an improper classification in order to avoid having to provide things like overtime pay or workers' compensation insurance.

What Misclassification Is

There are two classes of worker for many employment law purposes: employees and independent contractors. Generally speaking, the difference between the two is the amount of control that an employer exercises over them. The more control, the more likely the court is to find that an employer/employee relationship exists. However, there are actually a variety of factors that courts look to, including:

  • - How much direction the employer gives in how to complete tasks;
  • - The type of evaluation system the worker operates under;
  • - Whether the business trains the worker;
  • - Whether the business reimburses the worker's expenses;
  • - Whether the worker can work for other employers;
  • - How the worker is paid;
  • - Whether the relationship is intended to be long-term; and
  • - Whether the worker's services are a key part of the business.

Examples can often be helpful to understand whether someone qualifies as an employee or an independent contractor. For instance, a secretary working at an office for years probably qualifies as an employee because of the high amount of control the employer would retain, as well as the other factors. Conversely, an IT worker hired to set up the company's network would probably be an independent contractor because they are going about the work in their own way, and the job's duration is limited.

Why It Matters

This distinction matters because it affects the responsibility that an employer has towards the worker. Many of the legal protections afforded to workers are only given to people in an employer/employee relationship. For instance, many employers misclassify their employees in order to avoid paying overtime pay or to avoid providing workers' compensation insurance. They can also use misclassification to shift tax burdens onto the worker, by avoiding things like unemployment insurance and Social Security taxes.

A worker's classification is a matter for courts to decide, and how an employer has elected to treat the worker is immaterial. If you believe that you have been misclassified and are losing access to benefits like overtime pay or workers' compensation benefits, contact an experienced Illinois employment lawyer today. Drost, Gilbert, Andrew & Apicella, LLC serves workers in many northwest suburban towns, such as Rolling Meadows, Schaumburg, Inverness, Deer Park, and Arlington Heights.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

comparative negligence Illinois pet lawyer Illinois traffic attorneys personal injury claim distracted driving accidents School Visitation Rights Act caretaker rights Crystal Lake law firm Illinois corporate lawyer traffic crimes Barrington medical malpractice lawyers pet law Colin H. Gilbert real estate contract Affordable Care Act Thanksgiving living trust vs will condo association Crystal Lake tax lawyer Long Grove real estate lawyer Chicago car accident lawyer criminal record residential real estate Illinois medical malpractice claim Illinois employment attorneys Crystal Lake business law attorneys Buffalo Grove car accident lawyer trust payments Landlord Tenant Ordinance employment law Illinois personal injury attorney probate claims process Illinois workplace discrimination attorney Illinois tax attorney real estate leasing premises liability employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, vacation home probate process Arlington Heights tax lawyer real estate attorney personal injury claims Barrington life insurance lawyer unpaid overtime pedestrian accidents Illinois workplace lawyer Chicago estate planning bad faith insurance claims Inverness estate planning lawyer Crystal Lake employment law attorney TBI Des Plaines drug crimes lawyer Illinois workers compensation lawyer Illinois criminal defense attorney coronavirus probate lawyer creditors Illinois insurance claim dispute lawyer estate planning for college students power of attorney for healthcare Long Grove estate planning attorneys Illinois Sales Representative Act criminal defense Illinois defective products attorney insurance adjusters Barrington business law firm Des Plaines tax law firm low-ball insurance settlement vacation home fines Illinois insurance attorney Illinois employment lawyer construction contracts Deer Park DUI lawyer spinal cord injury lapse in policy Schaumburg civil litigation attorney drunk driving Des Plaines motorcycle accident attorney Inverness insurance attorney Illinois traffic attorney reckless homicide Exclusions Crystal lake insurance dispute attorney Illinois Wage Payment and Collection Act Riverwoods estate planning lawyer unfunded trust Chicago estate planning lawyer Schaumburg criminal attorney BUI Illinois DUI attorney car crash Schaumburg injury lawyer rollover car crashes Illinois wills and trusts Schaumburg insurance claim denials hands free device Arlington Heights TBI attorney pizza emoji Mount Prospect wills and trusts lawyers Illinois employment law attorney Kenilworth estate planning attorneys swimming pools elder law Des Plaines personal injury lawyers car collision Inverness DUI lawyer blended families hit and run accident Chicago attorney loopholes Rolling Meadows criminal attorney field sobriety test denied insurance claim Deer Park traffic accident attorney FSLA Buffalo Grove traffic attorney insurance claim delay startup company license suspension Palatine corporate attorney food poisoning Inverness personal injury attorney license revocation criminal law disability benefits problem employees preventable medical errors breathalyzer test estate attorney Rolling Meadows car accident lawyers Illinois employment laws estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers revenge porn drugs fatal car accidents Arlington Heights estate planning attorney trench injuries income distribution deducation ObamaCare car accident lawyer fiduciary rule delay Deer Park personal injury lawyer CAM Palatine business attorney social media after death pregnant women sexual images Arlington Heights car accident lawyer pay when paid contract investment property personal injury golf accidents Schaumburg personal injury lawyers changes to mortgage law Palatine civil attorney underage DUI estate tax probate claims Illinois pedestrian accident attorney Chicago lawyer Schaumburg traffic lawyer Des Plaines injury law firm spinal cord injuries murder defense IRELA Crystal Lake pedestrian accident lawyer Illinois medical malpractice lawyers Arlington Heights trucking lawyer Buffalo Grove life insurance attorney corporate law Chicago will attorney Illinois insurance claims lawyers Crystal Lake injury attorney personal injury accidents Illinois personal injury lawyer Illinois driving without license Barrington estate planning lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Palatine punch death Buffalo Grove personal injury attorney Buffalo Grove criminal defense lawyer employee misclassification caregiver Crystal Lake criminal defense attorney Illinois estate planning attorney Class A misdemeanor Deer Park real estate law firm Schaumburg drug defense lawyer beneficiary complications boating under the influence distracted driving accident victims Barrington estate planning attorney IRA benefits pet bites Mount Prospect real estate lawyer Illinois speeding lawyer denial of insurance claim Whistleblower Claims Illinois rollover accident lawyers Buffalo Grove medical malpractice lawyers Illinois insurance claim attorney dram shop law Buffalo Grove personal injury lawyer Barrington drug crime attorney cell phone accidents medical malpractice compensation Des Plaines DUI attorney nursing home negligence Arlington Heights car crash attorneys South Barrington real estate lawyer wills and trusts Barrington real estate lawyer Fourth of July PTSD Transfer on Death Instrument Illinois Workers’ Compensation Commission Illinois probate lawyer living trust car accidents insurance disputes Barrington attorney insurance claim denial DMV Schaumburg personal injury lawyer commercial real estate taxes Palatine estate planning lawyer college kids Deer Park traffic lawyer Palatine law firm Crystal Lake traffic attorney South Barrington real estate attorney Illinois home inspection Des Plaines accident attorney Palatine Attorney trucking accidents Liquor Control Act liens products liability cell phone Palatine elder law attorney Rolling Meadows accident lawyer trauma after an accident motorcycle accident lawyer insurance claim dispute attorney federal regulations for LLCs Illinois LLC creation foreclosure Illinois law drunk driving statistics Palatine drug lawyer Illinois insurance disputes rumble strips traffic violations defective products Barrington employment attorney Illinois motorcycle accident lawyer Attorney Ken Apicella fault based insurance personal injury attorney probate fees Arlington Heights pedestrian accidents estate planning attorney independent contractor workers compensation Rolling Meadows litigation lawyer Schaumburg wrongful death attorney Schaumburg car accident attorney Illinois workers compensation attorney controlled substance natural gas explosion consent to a search brain injury medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois jet ski accident lawyer Schaumburg Attorney Do Not Resuscitate Deer Park employment law attorney health insurance dispute Crystal Lake personal injury attorney Illinois real estate whistleblower protections Chicago trucking accident attorney insurance agents Buffalo Grove employment lawyer Inverness injury lawyer Rolling Meadows real estate attorney Home Remodeling Repair Act surgical mistakes Home Sale Contingencies filing a medical malpractice claim Policy Cancellation insufficient documentation traffic laws comp time car crash injuries privacy child safety expungement Schaumburg personal injury attorney traffic offenses probate Crystal Lake medical malpractice lawyer work unions medication errors Des Plaines medical malpractice attorney deadly crashes DNR Palatine trusts lawyer Illinois traffic accident lawyer jet ski manufacturing drug crimes Chicago corporate attorney Barrington Traffic Lawyer Illinois Probate Act of 1975 wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Palatine criminal defense lawyer Palatine real estate lawyer traffic violations defense dog bites employees Arlington Heights real estate lawyer truck collisions blood alcohol content medical malpractice claims Palatine insurance lawyer Schaumburg estate planning lawyer murder charges workers compensation benefits anesthesia errors insurance attorney Schaumburg estate attorney Arlington Heights traffic attorney natural gas Illinois insurance dispute lawyers Illinois estate planning Illinois bicycle safety home inspection lawyer Illinois red light cameras Inverness accident lawyer pedestrian injuries, pedestrian fatality gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois Smoke Detector Act digital assets Arlington Heights wills and trusts attorneys estate planning trusts Rolling Meadows drug defense attorney Buffalo Grove insurance claim dispute lawyers Barrington boating accident attorney traffic tickets uninsured motorist Rolling Meadows corporate lawyer internet traumatic brain injuries liability claims Kenilworth estate planning attorney Illinois attorney eluding a police officer mortgage jet ski accidents insurance denial appeals Arlington Heights wills and trusts lawyers Des Plaines criminal attorney DUI attorney defective products lawyer Chicago employment lawyer Arlington Heights wills and trusts attorney Illinois trucking safety Des Plaines real estate attorney Crystal Lake medical malpractice law firm Rolling Meadows traffic attorney Palatine workers compensation lawyer Illinois wills and trusts attorneys holiday statistics insurance claim dispute Illinois car accident attorney Arlington Heights personal injury attorney Schaumburg corporate attorney Buffalo Grove law firm deed transfer rent to own real estate contracts trustee Rolling Meadows employment law attorney Illinois business law atorneys clemency Illinois insurance lawyer life insurance digital media accounts, estate planning, Arlington Heights estate planning attorney, GM ignition switches Rolling Meadows life insurance claim denial attorney first degree murder car accident insurance negligence insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Jay Andrew underinsured motorist car accident lawyers license Crystal Lake bike accident lawyer Mount Prospect elder law attorney insurance denials texting and driving agent denied insurance claims drug crimes lawyer Long Grove estate planning attorney privacy laws Illinois Trust Code product liability Chicago traffic lawyer Illinois lawyer Rolling Meadows DUI lawyer Federal Food Drug and Cosmetic Act real estate attorneys Legal Info pedestrian accident head on collisions business litigation Barrington employment law firm back injuries homestead rights insurance claim sole proprietorship federal crimes bicycle accidents Arlington Heights employment law attorneys estate planning Inverness traffic law firm Joliet general practice lawyers DUI defense Schaumburg life insurance attorney Rolling Meadows traffic law firm Schaumburg real estate lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, wills Palatine employment attorney traffic deaths Palatine civil litigation lawyer wrongful death personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois employee rights attorney. Rolling Meadows marijuana attorney dealing with problem employees employment lawyer Arlington Heights Traffic Lawyer Schaumburg probate attorney boating DUI Rolling Meadows boating crash lawyer Crystal Lake civil litigation lawyer real estate Illinois Transfer on Death Instrument small business Illinois job attorney special needs trust pain and suffering sexual harassment Illinois business lawyer Arlington Heights criminal lawyer DUI employment attorney FMLA crossover accidents IRS Illinois traffic ticket lawyer texting while driving Illinois living will personal injury lawyer accidental death benefits Rolling Meadows personal injury lawyer Inverness probate lawyer ken apicella Colin Gilbert Illinois real estate lawyer real estate zoning Palatine injury attorney Des Plaines collections attorney healthcare claims Inverness real estate lawyer real estate lawyer IRA trust transfer Arlington Heights Attorney dynasty trusts Rolling Meadows tax attorney Rolling Meadows insurance attorney Chicago insurance claim attorneys loss of consortium Crystal Lake estate planning lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys landlord tenant law Schaumburg construction accident lawyer gift taxes commercial leases Illinois will lawyer Forcible Entry Illinois mortgages DUI penalities senior citizens Long Grove wills and trusts attorneys power of attorney Rolling Meadows probate lawyer Illinois Crystal Lake personal injury lawyer Mt Prospect Attorney life insurance policy Rolling Meadows medical malpractice lawyers Des Plaines real estate lawyer Rolling Meadows employment attorney unauthorized overtime insurance claims compensatory time employee rights top life insurance claim denials Deer Park motorcycle accident lawyer Schaumburg medical malpractice lawyer Des Plaines personal injury lawyer suspended license Rolling Meadows criminal lawyer BAIID Employment Discrimination Law marijuana crimes attorney Des Plaines drug lawyer medical research Palatine corporate law attorneys Illinois employment law Illinois employment law attorneys Schaumburg employment law attorneys Inverness elder law lawyer forming a corporation in Illinois Rolling Meadows Traffic Lawyer Rolling Meadows Attorney Barrington civil litigation attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys marijuana bike accident wage theft insurance agent negligence installment contracts life insurance claims Fair Labor Standards Act driving Crystal Lake car accident attorney no contest clauses DGAA slip and fall accidents employee discrimination Crystal Lake car accident lawyer civil litigation attorney Barrington litigation attorney irrevocable trust LLCs overtime violations Illinois personal injury lawyers Schaumburg insurance lawyers preventing accidents trusts owner responsibility paid sick leave Buffalo Grove real estate attorney Illinois insurance claim dispute lawyers mass shooting workplace sexual harassment job lawyers POA Des Plaines civil attorney Palatine employment lawyer Palatine traffic accidents estate planning lawyer advance healthcare directive Barrington criminal lawyer Des Plaines Traffic Lawyer Illinois construction accident attorney slip and fall appealing an insurance claim Rolling Meadows personal injury attorney Illinois injury lawyer wrongful termination Illinois personal injury Buffalo Grove injury lawyer commercial leasing Buffalo Grove corporate attorney Barrington personal injury lawyer Long Grove real estate attorney Illinois civil litigation lawyer Crystal Lake employment attorney Illinois estate planning law firm bicycle dooring accidents auto accidents ACA Rolling Meadows insurance lawyer Retaliatory Discharge workers comp Self-Directed IRA Accounts Chicago life insurance attorney Palatine construction attorney Des Plaines Rolling Meadows insurance dispute lawyers automated cars liability elder abuse institutional trustee drug possession Palatine employment law lawyer living trust benefits denial of life insurance Arlington Heights personal injury lawyer right to work Crystal Lake medical malpractice attorneys attorney fees Illinois medical malpractice attorney cause-of-death exclusions Illinois elder law attorney insurance dispute attorney digital evidence landlord civil rights violation Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows business lawyer tax attorney Barrington injury attorney Palatine traffic lawyer civil litigation Crystal Lake traffic lawyer Inverness civil lawyer Barrington personal injury attorney minimum wage underfunded trust material misrepresentation traffic accidents living wills modern family estate planning Detainer Actions Long Grove estate planning subcontractor rollover accidents Arlington Heights lawyer icy parking lots pedestrian-automobile accident personal injury law firm Schaumburg elder law lawyer car crashes contracts Illinois Human Rights Act Barrington Illinois estate planning lawyer Barrington workers compensation attorney Illinois registered agent Chicago insurance law firm medical malpractice real estate closing Des Plaines claims law firm new real estate form llinois Real Estate Lawyers Association cell phone tower data Deer Park criminal attorney Schaumburg employment attorney Illinois small business Illinois collections attorney Crystal Lake accident attorney Crystal Lake insurance lawyer Des Plaines pet law attorney speeding Illinois wrongful termination lawyer Barrington employment law attorney Crystal Lake will lawyer employment contract construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation rest breaks Rolling Meadows employment law attorneys Super Mario Crystal Lake employment lawyer hiring employees Arlington Heights accident attorney BAC Crystal Lake pet attorney criminal overtime pay Illinois trusts attorney fiduciary rule capital gains tax motorcycle accident Rolling Meadows personal injury lawyers estate plan Buffalo Grove probate lawyer Des Plaines personal injury attorney license reinstatement Palatine personal injury lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, insurance dispute financial advisors Kenilworth estate planning lawyer Palatine probate lawyer most common reasons for life insurance claim denials Inverness corporate attorney Schaumburg estate planning attorney Illinois medical malpractice case meal breaks Arlington Heights employment attorney Rolling Meadows Illinois traffic laws breach of contract condo Rolling Meadows estate planning attorney Des Plaines insurance attorney Barrington criminal defense lawyer Chicago biking tips operating agreements trucking accident lawyers murder Deer Park medical malpractice attorney Chicago employment attorney construction accidents Schaumburg criminal law attorney Arlington Heights insurance attorney drug crime involuntary manslaughter Arlington Heights injury attorney Deer Park accident attorney Arlington Heights wills and trusts lawyer severance agreements Inverness real estate attorney unpaid assessment in terrorem provision Family Medical Leave Act boating accidents medical marijuana healthcare Palatine life insurance lawyer digital information life insurance claim denial, denial of life insurance claim Illinois employment law firm Arlington Heights medical malpractice lawyer guardianship attorney life insurance lawyer foreclosed rental property Buffalo Grove traffic lawyers Deer Park workers compensation lawyer how to avoid common denials of life insurance claims traumatic brain injury Food and Drug Administration's Food Safety Modernization Act employment law, Illinois employment laws Illinois boating accident lawyer

Archive