Independent Contractor Misclassification

Understanding the Impact of Misclassification

If you’ve been working tirelessly for a company—logging long hours, reporting to supervisors, adhering to strict schedules, and performing duties no different from those of regular employees—yet you’re classified as an “independent contractor,” you may be losing out on critical legal protections and earned benefits. At our firm, we understand how frustrating and financially devastating this situation can be. You deserve to be treated with respect, fairly compensated for your work, and afforded all the rights you are entitled to under California law. Our team of dedicated attorneys with experience in workplace misclassification, fights aggressively to ensure that misclassified workers are recognized as employees and compensated accordingly.

The difference between an employee and an independent contractor is not always clear, and employers sometimes deliberately blur these lines to cut costs and sidestep their responsibilities. This can include withholding overtime pay, failing to provide necessary breaks, or dodging payroll taxes. Ultimately, it’s you—the worker—who is left bearing the financial and emotional burden of these unethical practices. Our firm steps in to make sure you receive the compensation and justice you deserve.

How Misclassification Occurs

Independent contractor misclassification takes many forms, but it often arises in industries where businesses attempt to reduce labor expenses. For example, rideshare companies, delivery services, construction firms, and sales organizations frequently struggle with—or at times purposely ignore—the proper classification of workers. If your employer maintains control over your schedule, requires you to use company tools, or dictates the manner in which you carry out your work, it’s likely that you should be considered an employee rather than an independent contractor.

California has taken significant steps to clarify worker classification through the “ABC Test.” According to this standard, a worker is only considered an independent contractor if all of the following are true:

1. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
2. The worker performs work that is outside the usual course of the hiring entity’s business; and
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

If your job situation fails this test in any one area, you should be classified as an employee. Our team will carefully examine the facts of your situation to determine how the law applies, ensure your rights are upheld, and hold your employer accountable.

The Costs of Being Misclassified

When you are misclassified as an independent contractor, you lose far more than just a job title. You may be deprived of significant legal protections and benefits, such as:

• Overtime Pay: True employees are entitled to overtime wages when they exceed a certain number of hours per week or day. Misclassified workers often miss out on overtime compensation.
• Meal and Rest Breaks: Employees in California must be allowed meal breaks and rest periods. As an independent contractor, you might not be afforded these necessary breaks—or compensated if they’re denied.
• Reimbursement for Work-Related Expenses: Employees who must use their own phones, vehicles, or tools for work are entitled to reimbursement. Independent contractors rarely receive these reimbursements.
• Unemployment and Disability Benefits: Employees generally have access to unemployment insurance, disability benefits, and workers’ compensation coverage. Misclassified workers are unfairly denied these critical safety nets.
• Anti-Discrimination Protections: Employees enjoy the protections of state and federal anti-discrimination laws, including those addressing discrimination based on race, gender, age, disability, or sexual orientation. As a misclassified worker, you may be left vulnerable, especially if your employer’s motive for misclassification is to avoid these obligations.

The financial and emotional toll of misclassification can be severe. It may become challenging to pay bills on time, secure adequate healthcare, or take time off to care for yourself or loved ones. You might feel trapped, powerless, and alone. Our role is to help you regain control and to let you know that you are not fighting this battle by yourself.

Signs You May Have Been Misclassified

Determining whether you have been misclassified is not always straightforward. Consider the following signs that may suggest you are, in fact, an employee rather than an independent contractor:

• Your employer sets your work hours and requires you to clock in and out.
• You must follow detailed instructions on how to perform your job.
• You do not have other clients or your own business outside of this company’s work.
• You’ve worked for the same employer for an extended period, rather than on a project-by-project basis.
• The company provides the equipment, tools, or materials you need to perform your work.
• You are integrated into the company’s normal business operations, serving their clients or customers directly.

If any of these points resonate with you, it’s time to speak to a workplace rights lawyer who understands the complexities of California’s employment laws and can guide you through the legal process.

Our Aggressive Approach to Your Case

We know that when you’ve been misclassified, you’re facing not just lost wages and benefits, but also the frustration of dealing with an employer who chose to violate your rights. Whether motivated by discrimination, greed, or negligence, their actions have left you bearing the brunt of unfair treatment. We believe you deserve a workplace attorney in California who doesn’t just understand the law—but is prepared to fight vigorously for you in negotiations or in court.

Our team takes an aggressive stance when confronting employers who trample on their workers’ rights. We will:

• Conduct a thorough review of your employment history and classification.
• Investigate company policies, internal communications, and relevant records to build a strong case.
• Work with experts in the field—such as forensic accountants—to establish the wages, benefits, and protections you have been denied.
• Engage in strategic negotiations with the employer or their counsel to seek a fair settlement.
• If necessary, take your case to trial and advocate before a judge and jury to ensure you obtain the compensation you deserve.

We understand that standing up to your employer can be intimidating. Our practice is dedicated to guiding you every step of the way with compassion and understanding. We know how emotionally draining these disputes can be, and we promise to keep the pressure on the employer, not on you. It’s your right to seek justice, and we’ll be here to provide the kind of aggressive representation that sends a clear message: mistreating workers will not be tolerated.