California Independent Contractor Misclassification Attorneys
Protecting Workers’ Rights and Ensuring Compliance for Employers
Are you an independent contractor or a business owner facing issues related to misclassification? Misclassification of workers as independent contractors rather than employees can lead to serious legal and financial consequences under California law. Our experienced legal team is here to guide you through these complexities, whether you are an independent contractor seeking rightful benefits or an employer striving to stay compliant.
What Is Independent Contractor Misclassification?
Under California law, a worker’s classification as an employee or independent contractor is crucial for determining their rights, responsibilities, and protections. Misclassification occurs when an employer incorrectly categorizes a worker as an independent contractor, denying them access to wage protections, benefits, and other rights afforded to employees.
The ABC Test: In California, the ABC Test is used to determine a worker's status. To classify someone as an independent contractor, a business must prove:
- The worker is free from the control and direction of the hiring entity.
- The work performed is outside the usual course of the hiring entity’s business.
- The worker is customarily engaged in an independent trade, occupation, or business.
- If any of these conditions are not met, the worker is considered an employee under the law.
Why Misclassification Matters
Workers may be denied critical rights like minimum wage, overtime pay, meal and rest breaks, workers’ compensation, and health insurance.
Employers can face hefty fines, back wages, penalties, and even class action lawsuits if found to be in violation of California labor laws.
Our attorneys have a proven track record of successfully representing employees in misclassification disputes, ensuring that workers receive the protections they deserve and businesses remain compliant.
How We Can Help
For Workers: If you believe you have been misclassified as an independent contractor, you may be entitled to recover:
Unpaid wages (including overtime)
Unpaid meal and rest breaks
Workers' compensation benefits
Reimbursement for expenses incurred while working
Our legal team will provide a free consultation to review your case, assess the classification, and pursue the compensation you may be owed.
Our Expertise in California Employment Law
With extensive experience in labor and employment law, our attorneys have represented numerous clients in independent contractor misclassification cases. We provide personalized, results-driven legal representation tailored to each client’s needs. Our approach involves detailed case evaluation, strategic planning, and effective litigation or negotiation.
Schedule a Consultation
If you are concerned about independent contractor misclassification, contact us today to schedule a consultation. Our legal team is dedicated to ensuring fair treatment for workers and compliance for employers across California.
Frequently Asked Questions
What are the penalties for misclassifying workers in California?
Employers found guilty of misclassification may face penalties such as back pay, attorney fees, civil fines, and more.
How can I determine if I am misclassified?
If you do not meet the criteria under the ABC Test, you may be misclassified. Contact us for a free case review to assess your status.
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