California Independent Contractor Misclassification Attorneys
Are you being underpaid just because your employer labeled you an independent contractor?
Misclassification of Employees as Independent Contractors
California law is one of the most protective in the nation in ensuring that employees are not misclassified as independent contractors. Employers must meet strict legal requirements if they choose to classify their workers as independent contractors. Recent California law has placed great limitations on an employer’s ability to classify a worker as an independent contractor regardless of any job title or agreement signed by the worker. California uses a 3-step test, also known as the ABC Test, to determine whether a worker is an employee or independent contractor. Under the ABC Test, a worker is presumed to be an employee unless the employer can demonstrate all three factors below:
- The worker is free from the control and direction of the hiring entity. In other words, the employer must at a minimum give the hired worker discretion and the ability to independently decide how to perform their duties for the job they were hired to perform.
- The worker performs work that is outside the usual scope of the hiring entity’s business? In other words, the work performed by the worker should, at a minimum, be different than the type of work performed by the hiring entity.
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity? In other words, the worker, should at a minimum, have a separate business operation than that of the hiring entity.
There are exemptions and exceptions to the above rules. However, it is clear that under California law, there are strict requirements imposed on employers who classify their workers as independent contractors.
Compensation for Employees Misclassified as Independent Contractors
Employees misclassified as independent contractors may be due wages and benefits due to normal employees including:
- Minimum wages due
- Overtime wages due
- Sick pay
- Meal and break penalties
- Penalties for untimely payment
Contact Culver Law Firm to Schedule a Free Consultation
At Culver Law Firm, we offer contingency fee agreements. This means that you do not pay any attorney fees until the case is settled. We will work on your behalf to obtain the best possible settlement or verdict; our fees will be covered in the final settlement. There are no up-front fees for our representation. You only pay attorney fees if we recover money for your injuries. If we fail to settle your case or receive a favorable verdict, you pay not attorney fees.
If you are a victim of workplace discrimination, contact Culver Law Firm for a free consultation. Our consultations are always confidential; you can trust us to represent your interests fairly. We help you get back on the road to recovery.