Legal Question in Employment Law in New York

Misclassified

I am a security guard in big catering-restaurant company who owns more than one location. I started to work almost 3 years ago since then I always received 1099 tax form every year..I work 5 days a week 12 hours a day (8 am-8pm no over-time paid) under the supervison of head of security or security supervisors or departman managers, they make my schedule,they tell me what to do and I report them if anything happens, I dont have uniform but they make me ware black suit-tie, white shirt, they also gave me a star as a sign of security guard ... I don't have any military or law enf. experience this is my first security job but I had some training like CPR first aid etc. which my company provided..I don't punch time card or anything to record my schedule..I also have 10-20 minutes lunch time a day but mostly intrupted... Recently i learned that i may be misclassified as a independent contractor

I just want to know what i have to do?


Asked on 11/15/07, 5:21 pm

3 Answers from Attorneys
Osvaldo F. Torres Torres Law, P.A.

Re: Misclassified

It is very possible that you are misclassified and could be entitled to overtime pay. I recently handled a case like this. Please contact me at [email protected] so that I may guide you.

Regards,

Ozzie Torres

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Answered on 11/15/07, 6:44 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: Misclassified

If they set your schedule, direct your work and control your day to day-to-day work activity you are likely to be their employee under the law. Therefore, you've likely been wrongly denied proper overtime pay. Both NY law and Federal law allow you to sue the employer for up to 2 times what you should have been paid. I regularly handle these types of cases in NY, NJ and FL on a contingency basis and would be happy to speak with you regarding your potential case. Feel free to call me at (877)456-WAGE.

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Answered on 11/15/07, 7:43 pm
Jason Stern Law Offices of Jason Stern

Re: Misclassified

I think the bigger issue here is the overtime/wage issue. Misclassification of independent contractors is more of an issue for the employer with regard to the IRS and tax consequences.

As for the overtime issue, we're talking about 3000 hours of overtime that should have been paid at time and a half, and using the double damages calculation, would allow you to seek 9000 hours of payment plus attorneys fees. Assuming a modest $10/hour wage, your employer could easily be liable for more than $100,000, including state penalties in addition to federal.

The FLSA (Fair Labor Standards Act) applies to nearly all employers. MY website FLSAattorney.com contains more information and you can contact my office by email to discuss this matter further.

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Answered on 11/15/07, 10:41 pm


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