Misclassification of employees as "independent contractors"

The misclassification of employees as "independent contractors" has become commonplace in the construction industry. In 2013 alone, the Texas Workforce Commission found that more than 60,000 workers had been misclassified as independent contractors. Labeling an employee as an independent contractor allows employers to avoid the payment of employee taxes and workers' compensation insurance as well as OSHA oversight. However, perhaps most costly to workers, is the deliberate misclassification of employees as independent contractors in order to avoid the minimum wage and overtime compensation. If you have been classified as an independent contractor, especially if you work in the construction industry, it would be a good idea to have your classification reviewed by a lawyer. If you have been misclassified, you may be entitled to collect unpaid overtime compensation.

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Warren & Siurek, L.L.P.
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