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Salaried Employees Entitled to Overtime/
Misclassification
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Although specific laws require employers to pay employees a fair minimum wage and provide overtime, many companies try to find complicated methods or loopholes to avoid these requirements.
At Human Rights Advocacy Firm, our wage and hour attorneys help many New York City residents seek the compensation they deserve from employers who make illegal payments.
There are many ways to determine whether someone should be classified as an employee.

Usually, when employers have the right to tell employees when and where they will work and how they will perform their job duties, there will be an employee-employee relationship. Employers can also request written reports, evaluate work performance, set wage rates, and reserve the right to review any work results. Of course, the employer can also hire and dismiss employees at will, unless the labor contract signed by the employer and the employee provides otherwise.



Employers may try to treat employees like independent contractors to avoid paying the various benefits that employers must provide for their work.

They typically include workers' compensation insurance premiums, social security benefits, unemployment insurance benefits, temporary disability, tax withholding, and minimum wages and overtime. Paying wages to employees as an independent contractor is basically "off-the-record" payment, which violates state and federal labor laws. These regulations are formulated to prevent misclassification and abuse, to prevent employers who engage in such illegal activities from gaining a competitive advantage over employers who abide by the rules.
Generally, an independent contractor will control your workload and will usually have his own office.
Independent contractors generally maintain their own insurance policies, company logos, and letterheads, and tend to set their own hours. Unlike employees, independent contractors almost always have the right to refuse assignments.

Ultimately, independent contractors are not subject to the supervision, guidance, and control of their employers. Occupations that generally operate as independent contractors include expert consultants and construction entities.

Generally speaking, if you have a boss who can tell you where to go, what to do, and how to do it, then you are legally an employee and are entitled to various protections under federal and state laws.



If you believe that your employer has deliberately classified you as an independent contractor in an attempt to avoid paying the benefits and compensation you deserve, you may be entitled to compensation. In many cases, federal and New York laws penalize employers who fail to comply with applicable laws.
At Human Rights Advocacy Firm, our New York City lawyers are experts in wages and working hours claims, and also provide overtime litigation and other legal tools for employees who try to hold their employers responsible for misconduct.

We provide free consultation, so you won't have any loss. Call us now at +1 718-280-9545 or contact us online to schedule an appointment.
Human Rights Advocacy Firm lawyers are ready to defend your interests in any unfair situations where an individual's rights and legitimate interests are violated.
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Practice Areas
Freedom of Whistleblowers Act
Interpol
Failure to pay salaries on public projects
Violation of the tip pool
Violations of non-working hours and removal
LGBT rights
Domestic staff
Overtime for truckers and taxi drivers