Employee Misclassification Lawyer

Experienced Buffalo Attorneys Assisting Misclassified Employees and Independent Contractors Receive Unpaid Wages & Benefits

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.

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 and you have to pay for your scanner. These companies will often say, “we’re going to make you wait 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.

Assisting Victims of Employee Misclassification Throughout New York

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.

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The gig-economy must protect its workers during the pandemic.

A RESPONSE TO 3/30/2020 BUFFALO NEWS ARTICLE “Is it Really a Strike if Instacart Workers Aren’t Employees?”

Rampant employee misclassification in the gig-economy industry creates an environment that encourages workplace violations and abuses. While these “progressive” companies earn billions of dollars in profits each year, it is the “independent contractors,” many of whom earn less than minimum wage, who shoulder the brunt of the work without adequate compensation. These workers, at the very least, deserve the protections afforded to all classified as employees in this country. This idea that you can “be your own boss” is frequently a far cry from reality for many gig-economy workers who expect autonomy but then endure significant employer control but receive no employee protections required by Federal and State laws. These abuses were unregulated for years… Continue Reading →

If you feel as if you have been misclassified  by your employer in the Gig-Economy, contact Sam Alba at Friedman & Ranzenhofer, PC today.