What should I do if my employer treated me as an independent contractor when I should have been an Employee?
This is called a misclassification, when an employer says to an employee that they’re an independent contractor when, in reality, they’re just a regular employee. They do this for tax purposes and so that they don’t have to pay you minimum wage and overtime for the work that you perform. The test to determine whether or not somebody is an independent contractor versus an employee really comes with independence. Do you make your own decisions? Do you wear your own uniform? Do you drive your own vehicle? Do you use your own tools? Do you use your own Rolodex, or list of clients? Do you perform your own business or is everything you do for the employer? You wear the employer’s uniform. You drive the employer’s truck. You use the employer’s tools. That’s the way you determine whether somebody’s an independent contractor versus an employee.