Legal Question in Employment Law in Pennsylvania

Employee or Not

I have been working for an engineering firm for over nine years and have been assigned to two companies, full time as a leased employee. The first company was a steel mill where I did design work for seven years. The second company, where I am currently working, is a pharmaceutical company. I have been here for 2-3 years doing project management. I was shown a link to a website where the IRS lists the 20 requirements of being an ''Employee'' of a company. Myself along with the rest of the contractors on site meet all of the requirements. The question I have is are we entitled to any of the following:

Differential for company benefits, pension, 401K, bonus, etc

We do the same work as the company employees but do not receive the same benefits.


Asked on 3/14/03, 2:47 pm

1 Answer from Attorneys
J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Employee or Not

This is an increasingly common employment issue: whether you have been correctly classified as an employee, or an independent contractor. The main importance is that employees are entitled to overtime under the Fair Labor Standards Act, and indepedent contractors are not.

My firm has experience in this area of the law and I would be happy to talk to you about your situation. Because of the various factors that are involved in this kind of issue, it is difficult to give you an answer based on the facts provided.

Please call me at your earliest convenience at (215) 540-2633. Thank you.

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Answered on 3/14/03, 2:53 pm


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