Many Allentown workers discover too late that their employers labeled them as independent contractors to avoid paying benefits, overtime, and payroll taxes. Employee misclassification costs workers thousands of dollars in lost wages and protections each year. At Mansour Law, LLC, our employment law team helps workers evaluate misclassification and protect their rights.
Employee Characteristics
Employees work under their employer’s direction and control regarding when, where, and how they perform their duties. If your employer dictates your schedule, provides your tools, and supervises your daily tasks, you are likely to qualify as an employee regardless of what your paperwork states.
Independent Contractor Characteristics
True independent contractors operate their own businesses and maintain significant autonomy over their work. They control their methods, set their own schedules, maintain a separate business entity or license, and bear the financial risk of profit or loss.
How Pennsylvania Determines Whether You Are an Employee or an Independent Contractor
Pennsylvania applies a multi-factor test to determine proper worker classification. Courts and agencies examine the overall relationship between worker and company rather than relying on any single factor. The label your employer assigns carries far less weight than the actual conditions of your working arrangement. Considerations include:
- The degree of control the employer exercises over work performance
- Whether the worker has an opportunity for profit or loss
- Investment in facilities and equipment
- Permanency of the working relationship
- Skill required to perform the work
- The extent to which services are integral to the business
- Whether the worker performs services for others
- Method of payment
Under Pennsylvania’s Construction Workplace Misclassification Act, 43 P.S. § 933.3, construction industry employers who misclassify workers face specific penalties and must meet strict criteria to classify anyone as an independent contractor.
Penalties Employers May Face
Pennsylvania takes employee misclassification seriously and imposes significant consequences on violators. Employers who improperly classify workers to avoid their legal obligations face substantial financial liability:
- Back Wages: Unpaid overtime, minimum wage violations, and other compensation you should have received as an employee.
- Unpaid Benefits: Value of health insurance, retirement contributions, and paid leave you were denied.
- Tax Liability: Employer’s share of Social Security, Medicare, and unemployment taxes they failed to pay.
- Penalties and Interest: Additional fines imposed by state and federal agencies for violations.
- Liquidated Damages: Double damages available under certain wage and hour statutes.
How an Employment Law Attorney Helps
A Pennsylvania employment lawyer can evaluate your working relationship and determine whether your employer violated classification rules. Mansour Law, LLC provides comprehensive representation for misclassified workers:
- Reviewing contracts and work arrangements
- Analyzing factors that determine proper classification
- Filing claims with the Pennsylvania Department of Labor
- Pursuing complaints with the IRS and the Department of Labor
- Calculating unpaid wages, benefits, and damages
- Negotiating settlements with employers
- Litigating cases through trial when necessary
Speak to an Experienced Employment Lawyer Today
You should not lose wages and benefits because your employer chose to cut corners with improper classification. Call Mansour Law at 610-321-3538 or contact us online to request a free consultation. We can review your situation, explain your options, and pursue the compensation you may be owed.
