Understanding the Differences Between Employees and Independent Contractors?


Depending on the industry you work in and the type of work you do, there may be some confusion as to whether you’re an employee or an independent contractor. The distinction is very important, as there are different obligations when it comes to taxes, benefits, wages, disability benefits and much more. And the confusion often goes both ways. Employers may think they are hiring an independent contractor when they are actually hiring an employee. A worker may believe they should be treated as an employee, but the reality is they are an independent contractor. A good New York attorney can help you make the important distinctions, but here are some the main ones as well.

What Qualifies You As An Employee?

The best employment lawyers in NYC will look at a variety of factors to determine your employment classification. Some of the factors that indicate you may be an employee include:

  • Whether the employer supervises the worker directly
  • If any tools or equipment are provided by the employer
  • Working hours being set by the employer
  • Workers required to attend meetings or training
  • The employer has strict requirements and limits the worker’s other possible job opportunities

Most of the time an employee knows they are an employee based on the benefits provided to them. It’s still worth it to review your status periodically as benefits or job responsibilities change.

Characteristics of an Independent Contractor

The best employment law firms in NYC can quickly identify an independent contractor relationship with an employer, which includes:

  • The worker setting their own schedule
  • The worker has their own insurance, tools, supplies, and equipment
  • The worker has other jobs outside of any given employer
  • The employer not paying for any of the worker’s expenses

These are just a few of the main characteristics of an independent contractor that are clear to identify. If any of these standards become blurred in any way, it may be worth a call to a New York attorney to sort out.

Discuss Potential Misclassifications With an Attorney

Workers who have been misclassified could be entitled to certain benefits and damages. Companies don’t always intentionally misclassify workers, but if you believe it has happened to you, then a call to a New York attorney is well worth the time. Good employment lawyers in NYC deal with some of the most complex employment law cases and can ensure you get the compensation and benefits you are owed by law.

Gordon & Gordon takes a firm stance and position when it comes to protecting the rights of our clients. Many workers don’t even realize they are misclassified until it’s brought to their attention. If you’re in a situation where you think an employer is not treating you fairly by law, then contact us to schedule a consultation and we will review your case. We will present you with the best possible course of action based on your past and current situation.