You work only for one employer. You have to report to work at the time he tells you to. You can’t leave work until the time he says you can. You use his tools or offices, not your own. He tells you the way in which you have to do the work. You don’t make a profit, you just get what he agrees to pay you for the time you work. He even makes you sign an agreement that you are an independent contractor, when in reality you are just working for him like any other employee. And because you are a supposedly an independent contractor, your employer feels free to not pay you minimum wage or overtime. But he isn’t free to do that under Federal and New York Law.  

Employees are often shortchanged when their employer when their employer pretends that the employee is supposedly in business as an independent contractor. Federal Law and New York State law do not permit minimum wage and overtime violations just because your employer calls you a independent contractor, when the reality is that you are actually an employee. Nor can your employer subject you to retaliation in New York State or New York City because you complain that you are not being paid minimum wage or overtime the way any employee should be paid.

Contact us online or call us at (212) 949-1001 if you think that your employer's harmful actions stem from misclassifying you as an independent contractor and not paying you minimum wage and overtime when the reality of the situation is that you are an employee and not in business for yourself. We will use our more than 25 years of experience to help you resolve the matter by negotiation or by going to court in the State of New York or New York City.