Is it legal for my boss to consider me and Independent Contractor?

UPDATED: Sep 30, 2022

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Is it legal for my boss to consider me and Independent Contractor?

My boss recently moved me from an employee to a Independent Contractor at the
beginning of 2016. Is this legal, considering I use all of his equipment, his
office, he determined my salary per year, and I have set days and times I have to
be here?

Asked on November 8, 2016 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, you appear to have been mischaracterized (or misclassified) as an independent contractor: if the employer exercises the degree of control you indicate over your job, then you would be an employee, not an independent contractor. (And as a general proposition, if you were an employee and are still doing the same thing, more or less, in the same place and same way, then you're still an employee--just changing the description without changing the facts of what you do and how you do it does not make you not an employee.)
Because you apparently have been mischaracterized, you may be entitled to the compensation you should have received as an employee, if you're not getting it (e.g. benefits; employer paying employer portion of Social Security and Medicare; etc.). If you can't get a useful response from the department of labor, try consulting with an employment lawyer about possibly suing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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