Philadelphia Employee Misclassification Lawyers
Assisting Clients With Employee Misclassification Matters
Employee misclassification can have serious legal implications for both employers and employees. At Winebrake & Santillo, our team specializes in navigating the complex landscape of employment law, particularly in cases of employee misclassification. We understand the nuances of Philadelphia employment regulations and are dedicated to protecting the rights of workers who have been improperly classified.
Call Winebrake & Santillo today at (215) 866-1551 or contact us online to schedule a consultation with our employee misclassification attorneys in Philadelphia.
How Does Misclassifying Employees Occur?
Misclassifying employees occurs when workers are inaccurately labeled as “independent contractors” instead of “employees”. This misclassification has significant legal and financial consequences for both employers and workers.
When a worker is misclassified, they are deprived of the benefits and protections that employees are entitled to, such as minimum wage, overtime pay, workers' compensation, unemployment insurance, and other employment rights.
Employers may misclassify workers to evade paying payroll taxes, providing benefits, or complying with labor laws. However, it is important to note that misclassifying employees is illegal and can result in penalties, fines, and legal repercussions. Ensuring proper classification of workers is essential for employers to comply with labor laws and safeguard the rights of their employees.
Identifying Employee Misclassification in Pennsylvania
Ultimately, your classification under the Fair Labor Standards Act (FLSA) depends on the type of relationship you have with your employer. If you have an employee relationship, you likely perform regular services for one business on an ongoing basis, and the business has a certain degree of control over when and how you fulfill your duties. On the other hand, independent contractors usually accept projects from multiple clients and retain more autonomy regarding how they complete the contracted jobs.
To determine your proper employee classification, you may consider the following questions:
- Do you work for one employer?
- Are they your sole source of income?
- Do you have an ongoing relationship with them?
- Do they establish your hours and schedule?
- Do they assign you duties and set deadlines?
- Do they control how you accomplish the work?
- Do they provide the equipment necessary to fulfill your obligations?
- Do they pay you hourly or a salary every month, or do they pay per project?
In most cases, independent contractors and employees answer these questions differently from one another. However, no one question should be used as a basis to determine your relationship with a business. For example, federal courts typically give less weight to how workers are paid when making misclassification determinations because the FLSA conditions apply regardless of how workers are paid (even if they’re paid “under the table”).
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Client Testimonials
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"Winebrake & Santillo has a considerable record in employment matters."
Winebrake & Santillo has a considerable record in employment matters.- Ricci v. Newrez LLC, 2023 U.S. Dist. LEXIS 186727, at *23 (E.D. Pa. Oct. 17, 2023) -
"Significant experience"
Attorney Andy Santillo and his co-counsel are “patently qualified” attorneys who “have significant experience with wage payment and collections cases, knowledge of wage-and-hour law, and have clearly done significant work already in this case throughout discovery and the preparation of the motions and opposition papers now before the Court."
- MARTINEZ V. AMAZON.COM SERVS. LLC, 2024 U.S. DIST. LEXIS 209566, *28, *42-43 (D. Md. Nov. 18, 2024) -
"An established record"
W&S and its co-counsel "have an established record of competent and successful prosecution of large wage and hour class actions."
- Lapan v. Dick’s Sporting Goods, Inc., 2015 U.S. Dist. LEXIS 169508, *7 (D. Mass. Dec. 11, 2015) -
"Experienced wage and hour class action litigators"
W&S and its co-counsel "are experienced wage and hour class action litigators with decades of accomplished complex class action between them and that the Class Members have benefited tremendously from able counsel’s representation."
- Craig v. Rite Aid Corp., 2013 U.S. Dist. LEXIS 2658, *45 (M.D. Pa. Jan 7, 2013)
