There are a variety of characteristics differentiating an independent contractor from a taxable employee. It’s important to recognize the difference between the two. Employee misclassification carries severe financial ramifications for workers and their families. If you suspect you have been a victim of employee misclassification, the first thing you should do is seek legal assistance in determining the validity of…
Nationwide Class Action Law Firm
Year: 2021
What Is Employee Misclassification
Independent contractor misclassification is an illegal but little-known practice used by unscrupulous employers to underpay workers. Often, the impact of employee misclassification can have devastating implications for U.S. workers who are attempting to earn an honest wage. This form of wage theft is a blight that many pay for but only a few benefit from. What Does Employee Misclassification Mean?…
What are the telltale signs that you are being underpaid?
If you suspect that you are not getting paid adequately pay for your work, then you may want to do an online search about the average wage for a role similar to yours. A quick Google search should give you an idea as to the amount employers are paying workers in similar roles in your city and state. If you are not making at least the minimum wage for your city and state, then it is highly likely you are being underpaid.
Can your employer demand that you work before clocking in?
Requiring non-exempt employees to work off-the-clock is surprisingly common even though it's usually illegal. Here are a few examples of employees who sued their employers for being forced to work off-the-clock: Corrections officers alleged that they were required to...
Employers may knowingly or unknowingly violate your ERISA rights
As an employee of a private company, you may not need to know the more complex nuances associated with ERISA. However, there are some things about the law that you should know. Primary among these is how your employer may diminish the value of your retirement plan by violating their obligations under ERISA.
Were you denied group benefits? What are your rights?
Group health plans generally cover an employee, their spouse, and their dependents. The Employee Retirement Income Security Act of 1974 ("ERISA") is a federal law that affords individuals who receive employee health insurance and other incentives through a group...
What happens if a fiduciary mismanages ERISA funds?
What should you do if you discover that a fiduciary of your retirement plan has mismanaged or stolen plan assets? Usually, fiduciaries will be covered by an ERISA fidelity bond to make sure that the plan is protected in the case that there are losses attributed to dishonesty or fraud. You may need to pursue a lawsuit to seek compensation or use other methods to hold those responsible accountable.
U.S. Chamber of Commerce denied leave to file amicus brief in ERISA Class Action
Washington, D.C. - The Chamber of Commerce of the United States of America ("Chamber") is one of the most influential lobbying groups in the country, and it regularly submits amicus curiae briefs in significant appellate cases in order to advance its pro-business...
My Employer didn’t notify me about COBRA – now what?
COBRA requires that an employer provide an employee with the option to continue coverage under the employer’s health plan after the occurrence of a “qualifying event” that would otherwise end the employee’s health insurance coverage. Failing to notify an employee of his or her right to continue health insurance is a serious violation of the law. Courts have the discretion to find the administrator personally liable to the participant for up to $110 a day from the date of the failure until the date of correction.
Do holiday workers get overtime?
With few exceptions, most holiday workers will be “non-exempt” from the overtime regulations imposed by the Fair Labor Standards Act (FLSA) — which means that they’re entitled to “time and a half” for any time beyond 40 hours they work in a calendar week.