Independent contractor versus employee in New York

Wage and Overtime Law

New York Wage and Overtime Law

Wage and Hour Law > Independent Contractor or Employee?

Independent Contractor or Employee?

Your employer may refer to you as an “independent contractor” (or simply, “contractor”). Under this classification, your employer may claim that you are not entitled to the applicable minimum wage, overtime pay, standard withholdings for social security and other payroll taxes, or workers’ compensation or unemployment insurance. But, employers often misclassify people, intentionally or mistakenly, as independent contractors when they are really employees under the law.

Select your state from the list below to learn the rules. 

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