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Tenacious New York Employee Rights Attorneys Recover Benefits and Compensation for Employees Misclassified as Independent Contractors


Putting an end to employee exploitation

Businesses have turned to misclassifying employees as independent contractors to avoid the costs that come with having employees on the books. At the premier New York employee rights law firm Hepworth, Gershbaum & Roth, PLLC, our knowledgeable attorneys take a stand against businesses who misclassify employees to save money.

Determining whether you have been misclassified as an independent contractor in New York

Whether your independent contractor lawsuit is based on New York law or the Fair Labor Standards Act, the inquiry made by the court is substantively the same. Your entire case hinges upon how well your attorney is able to frame the facts of the case in your favor. Winning these lawsuits requires a New York City employee rights attorney who is an expert in litigation strategy. The three main factors that determine whether you are entitled to recover damages for being misclassified as an independent contractor are:

  • How much control does the employer have over how you do your job?

  • How much control does the employer have over the business aspects of your job? Do they provide you with equipment and control where you get supplies from?

  • What is the general nature of your business relationship? Is there a termination date and are you able to work for other employers simultaneously?

Does being misclassified as an independent contractor really make a difference?

The benefits of being considered an employee add up quickly. Once the court determines that you are actually an employee of the business, our job is to prove the full extent of the damages that you have suffered due to your misclassification. The types of damages that our NYC employee misclassification attorneys are often able to recover for you include:

  • Overtime wages

  • Income taxes

  • Contributions to Social Security and Medicare

  • Health insurance costs

  • Workers' compensation

  • Minimum wages lost

  • Unemployment benefits

Schedule a free initial consultation with a New York City employee rights attorney today if you have been misclassified as an independent contractor

Our NYC employee misclassification attorneys at Hepworth, Gershbaum & Roth, PLLC eagerly take on challenging cases against employers. We use the full extent of the law to recover all of the past monetary benefits you are due. Schedule a free initial consulting by calling us at 212-545-1199 or contact us online for a free, confidential consultation.




Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.

CALL US TODAY! 212-545-1199