Pennsylvania Lawyer For Independent Contractors

Your Rights. Our Fight. Employment Advocates for Fairness in the Workplace

Ed Sweeney and M. Frances Ryan

Ed Sweeney

Franny Ryan

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Whether you truly run your own shop or your “contractor” title is masking an employer-employee relationship, the legal rules in Pennsylvania can be tricky. We help freelancers, tradespeople, consultants, and gig-economy workers understand those rules, secure solid contracts, and recover money when a company crosses the line.

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Are You an Employee or an Independent Contractor?

Understanding the Tests For Determining Misclassification

Before you can enforce your rights, you must know which side of the employee/contractor line you fall on. Pennsylvania applies three overlapping standards that look at control, independence, and pay:

  1. General Test: Under the Unemployment Compensation Law, you must (1) work free from the company’s control and (2) operate an independently established business serving more than one client. Miss either and, for wage, tax, and benefit purposes, you may be an employee.
  2. Construction Test: For construction and home-improvement workers, the bar is higher: you need a written contract, freedom from day-to-day control, and proof of bona-fide business operations, including owning your own tools, carrying at least $50,000 in liability insurance, and openly marketing your services.
  3. Overtime Pay: Should a court or agency decide you are an employee, the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act require overtime after 40 hours unless you pass the strict “white-collar” duties and salary tests ($844 per week after July 1, 2024, rising to $1,128 on January 1, 2025).

If the company schedules your hours, supplies the tools, or bars you from taking outside work, start keeping detailed records and call us. The sooner you document the problem, the easier it is to reclaim unpaid wages and benefits.

Construction worker independent contractor at a Pennsylvania building site

Independent Contractor Agreements: More Than Just Paperwork

Even bona fide contractors need airtight contracts. A solid contractor agreement does four things: states what will be done, how you will be paid, who owns the finished work, and what happens when a dispute arises.

Key clauses to double-check include:

  • Payment terms. Hourly or flat rate? Payment schedule? Late-payment penalties?
  • Scope and deliverables. Clear description of the work, including setting expectations, milestones, and change-order process.
  • Intellectual-property rights. Who owns the code, design, or copy you create? Can you use it in a portfolio?
  • Liability and insurance. Caps on damages, indemnity language, and any insurance you must carry.
  • Non-compete / non-solicit. Pennsylvania disfavors overbroad restraints. Negotiate or narrow them.
  • Dispute resolution. Choice of law (Pennsylvania), venue, and whether mediation or arbitration is required.

Download our free independent contractor agreement that can be customized to meet your needs. A few lines of small print can delay payments, expose you to unexpected lawsuits, or hand over your creative work for free. A quick legal review upfront prevents expensive surprises later.

Risks & Remedies When Things Go Wrong

Misclassification and contract breaches both hit your bottom line, but the law also provides powerful remedies.

  • Misclassification. Recover unpaid overtime, minimum-wage shortfalls, liquidated (double) damages, the company’s share of the tax obligations and employee benefits, and attorneys’ fees.
  • Non-payment or late payment. Demand contract damages, interest, and statutory penalties under the Pennsylvania Wage Payment & Collection Law.
  • Workplace injury. If reclassified as an employee, you gain access to workers’ compensation benefits; if you remain a contractor, you may still file a negligence claim against third parties.
  • Retaliation. Federal and state laws prohibit punishing you for raising wage-and-hour concerns; remedies include reinstatement and additional damages.

Whether you need unpaid wages, medical bills, or business losses covered, swift legal action maximizes recovery and deters further abuse.

How Wusinich, Sweeney & Ryan Can Help

From drafting your first freelance contract to litigating a six-figure wage claim, our team offers end-to-end support:

  • Contract drafting & review to bullet-proof your independent contractor agreements.
  • Misclassification audits that break down control factors, insurance, and business practices.
  • Wage-and-hour claims filed with the U.S. or Pennsylvania Department of Labor, or in court, to recover every dollar owed.
  • Negotiation & litigation including demand letters, mediation, arbitration, and full trial representation.

We act quickly and keep you informed at every step so you can focus on your craft, not legal wrangling.

Protect Your Independent Contractor Status with Wusinich, Sweeney & Ryan

A single conversation can clarify your status, spotlight risky contract terms, and set a strategy to recover the money you’re owed. Call Wusinich, Sweeney & Ryan, LLC today for a free, confidential consultation. We’ll help you keep the freedom of true self-employment, and the pay and protections the law guarantees.

Your Rights.
Our Fight.

Pennsylvania Employment Lawyers at Wusinich, Sweeney & Ryan, LLC Successfully Resolve All Types of Employment Matters

Areas We Serve

From our law firm in Exton, the Pennsylvania employment lawyers at Wusinich, Sweeney & Ryan, LLC are proud to serve employees in need of legal services in southeastern Pennsylvania including, but not limited to, Coatesville, Atglen, Avondale, Downingtown, Elverson, Honey Brook, Kennett Square, Malvern, Modena, Oxford, Parkesburg, Phoenixville, South Coatesville, Spring City, West Chester, West Grove, Upper Darby, Haverford, Radnor, Chester, Ridley, Drexel Hill, Springfield, Marple, Concord, Upper Chichester, Aston, Middletown, Newtown, Nether Providence, Ardmore, Yeadon, Broomall, Lansdowne, Upper Providence, Darby, and Philadelphia.

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Quick Employment Lawsuit Checker

Can You Sue Your Employer?

Answer the questions below to find out quickly if you may have a valid employment law claim. Additional details may be requested if relevant.

This quiz is for educational purposes only and does not constitute legal advice or create an attorney-client relationship. For personalized guidance, consult a licensed attorney in Pennsylvania.

1. Were you treated differently at work because of any of the following?











2. Did the unfair treatment result in any of the following?








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