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The North Carolina Worker Misclassification Law is Now in Effect

As of December 31, 2017, The North Carolina Employee Fair Classification Act (EFCA) is in place. This law allows workers to more easily report employers that misclassify workers as independent contractors instead of employees.

Employee misclassification has been an ongoing issue for some time now. Workers that are classified as employees are given definite protections under the law when it comes to issues such as wages, overtime pay, benefits, equal opportunities, and workplace injuries. Unfortunately, these types of securities don’t always apply to independent contractors, and there are many businesses out there that misclassify employees as independent contractors to avoid paying certain state and federal taxes. As a result, state and federal agencies have responded with further investigation into issues of misclassification. The EFCA is a giant step in the right direction to help with this trend.

The EFCA creates a new division of the North Carolina Industrial Commission called the Employee Classification Section (ECS), which investigates reports of worker misclassification and helps North Carolina agencies get the money they’re owed. The act also assists agencies in prosecuting employers that continue to evade paying penalties even after they’re caught. This law additionally requires employers to post a notice at their workplaces to inform workers that they should be classified as employees unless they are recognized legally as independent contractors. If they’re incorrectly classified, they have the right report the issue to the ECS. Finally, employers are obligated to certify that they have read and understand the ECS notice that defines employee misclassification and agree to any investigations into misclassification and outcomes, should such an issue arise. Any businesses that object can have their license, permit, or certification application denied. Each misclassification investigation will be handled on a case-by-case basis because different tests are used for determining who is an employee versus who qualifies as an independent contractor.

When it comes to workers’ compensation, our lawyers want to ensure your employment is classified correctly and able to receive full benefits should an accident occur. If you’re being misclassified at work, contact us immediately. We’re ready to fight your rights and prove where you stand with your employer.

Call today for a free consultation and explore your options - (910) 341-3202

Our Attorneys

Our attorneys specialize in workman's comp, personal injury, and dispute resolution services.

We have have a long history of building long-term client relationships founded on trust and mutual respect.

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Frank Prior - Attorney

Frank Prior

With over 25 years of experience in civil litigation and thousands of cases mediated, Frank specializes in the fields of workers compensation and personal injury law.

Sherman Lee Criner - Attorney

Sherman Lee Criner

Sherman is Licensed to Practice Law in North and South Carolina. He has extensive education in law and the mediation practice, professional experience and impressive memberships in many noteworthy political, civic and business organizations.

Ashley Edwards - Attorney

Ashley M. Edwards

Ashley is a NC attorney and certified mediator in North and South Carolina, Ashley has represented hundreds of clients and mediated thousands of cases for attorneys, insurance carriers and private companies. 

Client Feedback

“These guys are awesome and care about their clients very much. I would suggest anyone hurt on the job to contact them. Cannot express my appreciation enough to them!"

Trevor P.

“Ashley Edwards genuinely cares about his clients and holds himself to the highest standards in all of his professional interactions. I am happy to recommend him to anyone who needs help navigating the workers compensation process."

Patrick H.

“Ashley has been practicing compensation law in the greater Wilmington area for 15+ years. I have often turned to him for advice and counsel. He knows the law, is trustworthy, listens to his clients, and fights to do the right thing for them. He is my first call!"

Channing E.

“Mr Edwards made my case feel like it was his most important case. He is so caring and attentive."

Renee M.

“This was the first and only law firm I contacted after being injured. Everyone there has been on point concerning my case and extremely professional. I highly recommend contacting workers comp first if injured. It will be as if it's the most important case they have and they will not disappoint. Thank you to the entire team."

Stephen H.

“Wonderful Experience under difficult circumstances. They helped me understand my rights and options under the law. Mr. Edwards took the time to help and meet with me whenever I had questions. He is highly recommended for his expert advice and service. "

Ashley M.

“This is the place to go if you get hurt on the job Ashley and his paralegal Janet are really nice and super easy to talk to and they take the time to really listen to your problems and get you the help you need and deserve."

Anthony R.

“They came out took out time to listen very smart he knows what he's talking about he heard me out and took my case under difficult sircumstances and i highly advise this is the law firm to consider."

Marlo C.

“Sherman is one of the best mediators that I know---he is extremely proficient in Workers' Compensation Law and he is an outstanding communicator. I give Sherman my highest rating!"

Peer Review - Lawyers.com

“Great Experience with a caring lawyer who took the time to actually meet with me. He handled my case to the end and explained everything. Highly recommended."

Mitch

“Ashley is very knowledgeable and relatable to his clients, to opposing counsel, and to all parties when acting as mediator. "

Peer Review - Lawyers.com

“Ashley didn't always tell me what I wanted to hear but he always told me the truth. He is very knowledgeable and professional... I would highly recommend Ashley if you feel the need to hire an attorney. "

Julie

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