Cosmetic Sales Representative Under Independent Contractor Law
Lisa worked as a mall-based sales representative for a cosmetic company. She was subject to supervision and control, and the products that she sold were the core products of the company. Nonetheless, she was classified and paid as an independent contractor, not an employee.
Lisa was frequently asked to travel between sites, and her work time plus her midday travel time often exceeded forty hours in a week. She was never paid overtime, and there were no taxes withheld from her paycheck. After her employment terminated, Lisa went to do her taxes and realized that not only did she owe the self-employment tax, but would likely owe interest and penalties because there had been no withholdings during the year. So she began to question her classification as an independent contractor. Independent Contractor Law SolutionUpon review of Lisa's job responsibilities, it was clear that she should have been paid as a W2 employee, not as an independent contractor. It was also clear that she had suffered some concrete damages as a result of that decision.
We represented Lisa in a lawsuit brought in the Massachusetts courts, and were ultimately able to get her a settlement which compensated her for the damages she had suffered. PostscriptLisa was compensated for the financial harm she had experienced. She also was able to see some kind of accountability for a situation she believed was unfair and wrong.
If you are in a similar situation, remember that just because it may be common for people to work as independent contractors in your field, that does not mean it is legal. Also remember that if you are being paid as an independent contractor, whether you have a legal claim or not, you should be aware that you need to plan for the taxes that will be owed on your 1099 income the following year. |
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