Tennessee Attorneys Specializing in Independent Contractor Misclassification Litigation

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  2. Tennessee Attorneys Specializing in Independent Contractor Misclassification Litigation
Independent Contractor

Making contact with an employer to discuss any issues or concerns you may have regarding your job status may be a nerve-wracking experience. Numerous workers in the state of Tennessee do not get the appropriate amount of compensation. When employees are incorrectly classified as salaried employees or categorized as independent contractors, they do not get the majority of the benefits and protections that they are entitled to.

An attorney at The Crone Law Firm who specializes in the misclassification of independent contractors in the state of Tennessee may assist you in resolving your employment worries with confidence. The distinction between employees who are exempt and those who are not exempt is not always made correctly by employers. An experienced employment attorney in Nashville can offer you the clarification you want in order to receive the money that you have earned.

The labor laws of Tennessee

The most important employment legislation is the Fair Labor requirements Act (FLSA), which establishes the federal requirements for minimum wage and overtime pay. Tennessee companies face severe repercussions if they violate the Fair Labor Standards Act (FLSA). The federal minimum wage and the minimum wage of Tennessee are both set at $7.25 per hour as of the year 2017.

At the very least, this salary is the minimum that an employee who is not excused from paying wages is legally entitled to earn. Compensation for overtime labor is provided to workers who put in more over forty hours of work each week. Over the course of forty hours of work, an employee is entitled to remuneration at a rate that is one and a half times the standard hourly rate.

To what extent does an employee qualify as an exempt worker?

The regulations of the Fair Labor Standards Act do not apply to an individual if they are considered to be an exempt employee. Many businesses believe that it is advantageous to have an employee who does not have any rights under the Fair Labor Standards Act (FLSA). This is because they are able to avoid the expense of complying with the act without having to face any consequences. It is more expensive to hire non-exempt workers since, in addition to being eligible for overtime pay and minimum wage, they are also eligible for other benefits, such as health insurance and workers’ compensation. It is possible that it is of the utmost importance for someone to consult with a Tennessee independent contractor misclassification attorney as soon as possible.

It is important to differentiate between salaried employees and independent contractors

Independent contractors ought to be able to operate independently. It should be up to them to determine their own schedule, and they should be able to accept jobs from a variety of different establishments. It is not always the case that an employee should be considered an independent contractor, even if they are not on payroll or if they operate from a remote location. When someone is compensated as an independent contractor but is, in fact, an employee, this is a misclassification of their employment status.

In general, an individual must make a minimum of $455 per week, receive a salary, and perform specified executive, professional, or administrative work activities in accordance with the Fair Labor Standards Act (FLSA) in order to be considered an exempt salaried employee; this is the minimum requirement. A worker ought to be afforded protection under the Fair Labor Standards Act (FLSA) in the event that any of these three components are not met.

When a person is incorrectly classified, what are the consequences?

In the event that an individual is incorrectly classified as an employee and, as a consequence, does not get the proper pay, this may be considered an instance of wage theft. Wage theft happens when a company fails to pay an employee the legal minimum wage, overtime, or misclassifies an employee into a different category than they are. This means that the employee may be entitled to obtain back earnings, damages, and attorney’s costs in the event that the employer has committed wage theft.

There should be a minimum salary and overtime pay for the majority of workers. A case of misclassification may be brought against an employee if they are paid less than $7.25 per hour or if they are not authorized to receive overtime pay. The scope of misclassification extends beyond any particular sector. Misclassified workers can be found in a wide variety of fields, including information technology, healthcare, construction, customer service, sales, and construction, amongst others. It is possible for attorneys in Tennessee that specialize in misclassification of independent contractors to discuss employment difficulties with you.

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