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St. Louis Missouri Labor & Employment Law Firm | Wage and Hour Attorney | Misclassification of Employment
Call Us Now : (314) 645-4100
Misclassification of Employment

Misclassification of Employment and Job Duties

How your employer classifies your job duties and employment can ultimately affect a wide range of rights under Missouri wage and hour laws and also the Fair Labor Standards Act. It is important that you keep aware of the job duties your employer requires of you and whether you are compensated or treated as an employee, an independent contractor, a manager or other classifications.

Classified as "Employees"

Employees are entitled to greater protections under certain employment laws. For instance, an hourly employee is entitled to overtime pay of time and a half for each overtime hour worked, but a salaried manager might be required to work the same number of hours without overtime pay.

Misclassifying Employees as "Independent Contractors"

One of the most common misclassification issues occurs when an employer misclassifies an 'employee' as an 'independent contractor.'

Independent contractors are generally independent, self-employed individuals who have a significant degree of control over their work. You are not an independent contractor if your employer requires you to perform services which are otherwise controlled or delegated by your employer. Particularly, a court will consider the following factors when determining whether a worker is properly classified as an employee or an independent contractor:

  • degree of control exercised by the employer over the worker
  • permanence or duration of the working relationship
  • degree of skill required to perform the work
  • degree of independence the worker has
  • worker's opportunity for profits or losses
  • worker's investment in the business

Most doctors, dentists, lawyers, veterinarians, accountants, contractors and subcontractors  are considered 'independent contractors.'

Misclassifying Employees as "Managers"

Employers might try to misclassify hourly employees as salaried managers in an attempt to avoid paying their employees overtime. If you are classified as a manager, but you perform the same job duties as the employees you manage, you may be misclassified and you may be entitled to recover monetary damages against your employer.

Do You Know If You Are Entitled To Certain Protections As An "Employee"?

Call our office today to schedule a consultation to discuss your rights and whether your employer is attempting to take advantage by misclassifying your employment. Please call (314) 645-4100 or fill out our contact form and we will contact you as soon as possible.