California Misclassification Representation for Workers Treated as Independent Contractors

At Peter Law Group, our California employment attorneys represent workers who have been wrongly labeled as independent contractors instead of employees. Misclassification is a widespread problem across the state, costing workers overtime pay, breaks, benefits, reimbursements, and other legal protections. If you believe you’ve been misclassified, our team can help you understand your rights and recover the compensation you’re owed.

Not sure whether you’re misclassified? Our attorneys can assess your situation and help you understand your rights. Contact Peter Law Group by filling out a brief intake form for a free case evaluation.

What Is Employee Misclassification?

Employee misclassification occurs when a company treats a worker as a 1099 contractor—even though their day-to-day responsibilities, schedule, or level of supervision make them an employee under California law.

Misclassification is especially common in:

• Delivery, transportation, and gig-economy roles

• Healthcare and nursing positions

• Retail, hospitality, and warehousing

• Sales and customer service

• Creative, tech, and administrative work

When workers are misclassified, employers avoid paying overtime, providing breaks, covering payroll taxes, reimbursing expenses, and offering legally required benefits.

California’s ABC Test (AB 5)

California uses the ABC Test—one of the strictest standards in the country—to determine whether a worker is truly an independent contractor. Under AB 5, a worker must meet all three of the following:

A. They are free from the company’s control
B. They perform work outside the company’s usual business
C. They run an independent business doing that type of work

If any part of the ABC Test is not met, the worker is legally considered an employee.

Common Signs You’ve Been Misclassified

You may be misclassified if:

• You’re required to follow company schedules or procedures

• You use employer tools, equipment, or systems

• You cannot take outside clients

• You have the same duties as W-2 employees

• You are paid hourly or per shift instead of per project

• You are disciplined or supervised like an employee

If this sounds familiar, misclassification may be costing you significant unpaid wages.

Compensation You May Recover

Workers misclassified as contractors may seek recovery for:

• Unpaid overtime

• Missed meal and rest breaks

• Reimbursement for business expenses

• Waiting time penalties

• Unpaid minimum wages

• Interest and statutory damages

• Attorney’s fees

Our attorneys can evaluate your situation and determine what compensation is available under California law. Misclassification often goes hand-in-hand with unpaid overtime or missed breaks. If your pay issues extend beyond contractor status, learn more about our wage and hourly class action representation.

How Peter Law Group Helps

Peter Law Group is a trusted Los Angeles employment law firm representing workers statewide in misclassification matters, from individual disputes to complex class actions. The practice is led by Arnold P. Peter, an accomplished employment attorney with decades of experience litigating wage and classification issues across California.

Our attorneys:

• Handle misclassification cases on a contingency basis — no upfront fees

• Use strategic discovery to uncover evidence of employee-level control

• Protect clients from retaliation or workplace mistreatment

• Pursue full compensation under the California Labor Code

• Have a proven track record in complex wage and hour litigation

We provide clear guidance, honest expectations, and strong advocacy at every stage of the process.

Misclassification disputes are part of our broader employment litigation practice, where we represent employees facing wage violations, retaliation, discrimination, and other workplace injustices.

Serving Workers Throughout California

Whether you work in Los Angeles, Orange County, the Bay Area, San Diego, or anywhere in California, Peter Law Group is here to help. We represent workers across all industries who have been denied proper wages due to misclassification.

Contact Peter Law Group

If you suspect you’ve been misclassified as an independent contractor, contact Peter Law Group today. Our attorneys will review your situation and explain your options for recovering compensation and enforcing your rights.

Misclassification claims often overlap with other workplace issues. Peter Law Group also handles general employment litigation, workplace discrimination class actions, and wage and hourly class actions for employees across California.