Define: Common Law Employee

A common law employee is an individual who performs services for an employer and is subject to the employer’s control and direction in the performance of those services.

A common law employee is typically entitled to certain benefits and protections under employment laws, such as minimum wage, overtime pay, and workers’ compensation, whereas an independent contractor is not entitled to these benefits.

Factors such as the degree of control the employer has over the individual’s work, the method of payment, the provision of tools and equipment, and the presence of a written contract are all considered in determining whether someone is a common law employee.

Yes, a common law employee can work for multiple employers, as long as they are not prohibited from doing so by their employment contract or by any applicable laws or regulations.

In most cases, common law employees are entitled to overtime pay for hours worked in excess of 40 hours per week, unless they are exempt under the Fair Labor Standards Act (FLSA).

In most cases, yes, a common law employee can be terminated without cause, unless there is an employment contract or collective bargaining agreement that provides otherwise.

Yes, a common law employee can file a lawsuit against their employer for wrongful termination if they believe they were terminated in violation of their employment contract, or in violation of any applicable laws or regulations.

Employers must be careful when classifying workers as independent contractors, as misclassifying a common law employee as an independent contractor can lead to legal and financial consequences for the employer.

Common law employees can protect their rights in the workplace by familiarizing themselves with their rights under employment laws, seeking legal advice if they believe their rights have been violated, and advocating for themselves in the workplace.