We are seeking to speak with individuals who are considered pest control independent contractors for pest control companies. It is our understanding that these individuals may in fact be employees, not “independent contractors” and, therefore, misclassified under the Fair Labor Standards Act (FLSA).
Misclassification deprives individuals of the many benefits that employees enjoy. Misclassified employees are often denied access to employment benefits such as family and medical leave, overtime, minimum wage and unemployment insurance.
As an independent contractor, an individual is equipped with the skills and resources that allow him or her to be their own bosses. They are considered independent from the employer that hired them or self-employed. Independent contractors have the right to control the type of work that will be done and how it will be done. In contrast, a person is considered an employee if he or she is subject to another’s right to control the manner and means of performing the work. To determine how to classify a worker, courts typically look at how economically dependent an employee is on the business and how much control the business exercises over the employee.
It is our understanding that pest control independent contractors often work at the direction and control of the company, including, but not limited to, driving company cars, spraying company chemicals and using company invoices.
If you are a pest control independent contractor and believe you have been misclassified, we want to speak with you. Please contact us at 612-252-3570 or click here.