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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am a Physical Therapy Assistant that must be under the superivision

Resolved Question:

I am a Physical Therapy Assistant that must be under the superivision of a PT per the APTA guidelines. I worked under a contract for a private out-patient clinic (not as an employee), yet, their expectations of me was as an employee. Also, according to IRS guidelines, I did not nearly qualify as an independent contractor. Are there any governing bodies that would investigate my mislassification ie: Consumer Affairs/Wage enforcement, Dept of Labor, etc., to lay the groundwork for a potential suit to recover unpaid overtime, unpaid employment taxes, and the like, or atleast sanction them for misclassifying should-be employees?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

The administrative body that would ordinarily investigate your misclassification and issue a judgment in your favor for unpaid overtime (plus additional fines and penalties pursuant to Labor Code 210) would be the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

An individual who believes they have been misclassified as a contractor can also submit a form SS-8 to trigger a formal IRS review of their position to determine its appropriate status. See here for the form: http://www.irs.gov/file_source/pub/irs-pdf/fss8.pdf If the IRS finds a misclassification, they retain the authority to impose additional fines and penalties.

It is generally wise for misclassified workers to file with both the IRS and DLSE, as each agency will serve a very different function in investigating the claim.

Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6753
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you

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