Companies often tell truck drivers and delivery drivers that they can be their own bosses and own their routes, but this is false. The company exercises control, and there are several factors under New York state law and federal law that dictate who is and who is not an employee. New York recently enacted a system called the ABC test for motor carriers and transportation delivery workers, and this test comprises several regulations that determine employee status. There is a presumption that if a worker is hired as an independent contractor for one of these companies, the worker is inherently an employee. However, this is not true. If you have been the victim of employee misclassification in New York, please contact our office today.
Employee Misclassification in New York | Examples of Misclassified Employees
This area of law allows us to help workers and represent people who have been exploited by these legal loopholes. Most of the time, misclassified employees will earn less money than they did before they bought their route, creating a situation similar to self-employment, except with unforeseen stipulations and expenses. You have to pay the company $20 a week to keep your truck washed. You have to pay for your scanner. We’re going to make you weight for four hours while we load your truck and you can’t bill us for that time. There are numerous minor elements that these companies use in order exercise substantial control over their independent contractors. These drivers may have worked for companies for years, effectively been their own bosses, and completed every assignment to the best of their ability, only to be deprived of fair wages due to unanticipated financial interference.
When we file these cases, the law dictates that those misclassified employees are entitled to double damages under a liquidated damage provision if the violation was willful. If we can prove that the employer knowingly misclassified their employees, the employees will then receive twice of what their salary should have been. This opportunity allows us to help workers who have been misclassified, and we are excited about providing necessary legal counsel for this practice group.
Employee Misclassification in New York | Hire an Attorney
If your employer misclassifies your employment status, you may be missing out on overtime wages, medical benefits, unemployment benefits, disability benefits or workers’ compensation. At Friedman & Ranzenhofer, our experienced Buffalo employee misclassification lawyer represents misclassified employees to ensure they receive the rights and benefits they’ve worked so hard for. To discuss your rights with an experienced employee misclassification lawyer, contact our office today to schedule a free and confidential consultation. Let our experience work for you.