Legal Question in Employment Law in Indiana

Am I an independant contractor ?

Am I an independant contractor? I am paid a comission based on the dollar volume of the service provided to customers. I do not receive any company provided benefits (401K, health, etc.). I am required to use my own transportation to and from job sites throughout the central state of which I receive no reimbursement from the company. I have a company provided cell phone and laptop computer. My employer also requires me to carry specific equipment at all times. I am required to be ''on-call'' and ready for work within 30 minutes notice throughout the day. I receive no minimum salary or wage and have received paychecks less than minimum wage for some periods of the year. As part of the company policy I am not allowed to be employed less than full time for my company and any moonlighting cannot interfere with the company's required ''oncall'' policy from the hours of 8am through 5pm.


Asked on 1/25/08, 11:09 pm

1 Answer from Attorneys
Phil Gibbons Gibbons Jones, P.C.

Re: Am I an independant contractor ?

Maybe. Employers often attempt to avoid federal and state employment laws by classifying their workers as "independent contractors." True independent contractors are responsible for self-employment taxes, are not entitled to overtime, and are not covered by employment discrimination laws. When courts look at whether or not a person is an independent contractor or an employee, they attempt to analyze the "economic realities" of the relationship. In other words, they attempt to figure out the nature of the relationship based on the actual facts and not based on what the parties call the arrangement. Based upon the description you have provided, there is a good chance that you may have been misclassified, but I would need to know more facts before making an assessment. I can be reached at [email protected] or at www.gibbonsjones.com.

Read more
Answered on 1/26/08, 10:35 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Indiana