Are You an Independent Contractor, or an Employee?

by Isaac Benmergui, Esq on January 26, 2018

Are you an independent contractor or an employee?With the rise of the gig economy, a top issue for 2018 will be further defining the difference between contractors and employees. Here’s a quick-hit list.

  1. Are you your own business? The dynamic here is business to business, not employee-employer.
  2. Are you an expert in your field? Specialized knowledge in one specific area is the hallmark of a contractor. Your employer doesn’t provide the training or knowledge, you bring it with you.
  3. Do you work for more than one employer? Contractors may work for one employer at a time sometimes, but frequently they are marketing themselves to many different businesses and taking on work from more than one client, and your clients can’t restrict this ability.
  4. Do you submit an invoice? One stark difference between employees and contractors is that employees fill out timecards to claim pay, and contractors submit invoices to get paid.
  5. Do you choose when and how you work? As an independent contractor, your clients aren’t allowed to tell you when, where and how you work. They aren’t allowed to set a schedule or require you to be somewhere at certain times. As a contractor, you create and manage your own schedule.

If you think you have been misclassified as an independent contractor, you may be owed benefits or reimbursements for equipment or time spent in training. Your employer could also be liable to the government for back taxes, worker’s compensation, or subject to lawsuits and tax code violations.

Call Miami Employment Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Employment Law and Civil Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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