Do you have questions about the employee misclassification class action in Buffalo? Contact the law offices of Friedman & Ranzenhofer for a free legal consultation.

A new practice group we have developed here at Friedman and Ranzenhofer is an employee misclassification class action practice. Companies often tell truck drivers and delivery drivers that they can be their own bosses and own their routes, but this is false. The company exercises control, and there are several factors under New York state law and federal law that dictate who is and who is not an employee. New York recently enacted a system called the ABC test for motor carriers and transportation delivery workers, and this test comprises several regulations that determine employee status. There is a presumption that if a worker is hired as an independent contractor for one of these companies, the worker is inherently an employee. However, this is not true.

This area of law allows us to help workers and represent people who have been exploited by these legal loopholes. Most of the time, misclassified employees will earn less money than they did before they bought their route, creating a situation similar to self-employment, except with unforeseen stipulations and expenses. you have to pay the company $20 a week to keep your truck washed. You have to pay for your scanner. We’re going to make you weight for four hours while we load your truck and you can’t bill us for that time. There are numerous minor elements that these companies use in order exercise substantial control over their independent contractors. These drivers may have worked for companies for years, effectively been their own bosses, and completed every assignment to the best of their ability, only to be deprived of fair wages due to unanticipated financial interference. When we file these cases, the law dictates that those misclassified employees are entitled to double damages under a liquidated damage provision if the violation was willful. If we can prove that the employer knowingly misclassified their employees, the employees will then receive twice of what their salary should have been. This opportunity allows us to help workers who have been misclassified, and we are excited about providing necessary legal counsel for this practice group.

If your employer misclassifies your employment status, you may be missing out on overtime wages, medical benefits, unemployment benefits, disability benefits or workers’ compensation. At Friedman & Ranzenhofer, our experienced Buffalo employment lawyers represent misclassified employees to ensure they receive the rights and benefits they’ve worked so hard for.

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The experienced Buffalo lawyers at Friedman & Ranzenhofer Attorneys at Law have been assisting New York residents since 1955 in all areas of law. Robert Friedman and Michael Ranzenhofer have a combined experience of over 79 years. We can help residents with a wide variety of legal matters.

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