Can my employer classify me as an independent contractor to avoid paying overtime and benefits?

In general, an employer cannot classify an employee as an independent contractor solely to avoid paying overtime and benefits. The determination of whether an individual is an employee or an independent contractor depends on a number of factors, such as the level of control the employer has over the worker's schedule and duties, the worker's investment in equipment and materials, and the worker's opportunity for profit or loss. If the worker is economically dependent on the employer, they are likely an employee. In Michigan, the same general rules apply. However, Michigan law presumes that workers are employees, and the burden is on the employer to prove that a worker is an independent contractor. This determination is made by looking at several factors, including the employer's right to control the worker's work, the worker's opportunity for profit or loss, and the worker's investment in equipment or materials. If an employer misclassifies an employee as an independent contractor, the employee may be entitled to recover unpaid overtime and other benefits, as well as damages and penalties under Michigan law. If you believe that your employer has misclassified you as an independent contractor, you may want to speak with an experienced employment law attorney who can help you determine your classification and your rights.