Misclassification – Independent Contractor v. Employee

In order for California’s wage and hour laws to apply, you must first be considered a “non-exempt employee” and not an “independent contractor.” Many times, employers classify workers as “independent contractors” so that they do not have to pay them the benefits that come with being an employee.  This practice is unlawful.

If you believe that you were misclassified as an “independent contractor” instead of a “non-exempt employee” you may be owed reimbursement and other damages.  Contact Abogato and speak with one of lawyers to see how we can help.

AM I AN INDEPENDENT CONTRACTOR OR EMPLOYEE?  3 QUESTIONS TO ASK YOURSELF.

As a worker in California, if you can answer “no” to any of the following questions, then you are likely considered an “employee.”

  1. Do I have the right to control the details, manner, and means of my work?
  2. Is my work outside of the employer’s regular business?
  3. Did I make the decision to set up an independent business that is similar to the work I am performing for my employer?

MY EMPLOYER AND I SIGNED AN “INDEPENDENT CONTRACTOR AGREEMENT.”  I’M AN INDEPENDENT CONTRACTOR, RIGHT?

Not necessarily.  Signing an “independent contractor agreement” alone does not determine your status as a worker.  It helps in the determination but you should consider other factors, including the questions above.

MY EMPLOYER PROVIDES ME A 1099 INSTEAD OF A W-2.  AM I AN INDEPENDENT CONTRACTOR?

Not necessarily.  If a court or the Labor Commissioner determines that you should be an employee instead of an independent contractor, you may be owed reimbursement under wage and hour laws.

YOU MAY BE OWED REIMBURSEMENT IF YOU HAVE BEEN MISCLASSIFIED

If a court or the Labor Commissioner determines that you should be classified as an “employee” and not an “independent contractor” you may be owed a reimbursement for potential wage and hour law violations.  For example, if you worked overtime but did not receive overtime payment, your employer may have to reimburse you that amount.

If your employer intentionally misclassified you as an independent contractor instead of an employee, then your employer may have to pay penalties for every violation of wage and hour laws.

If you believe that you were misclassified call Abogato, LLP and talk to one our attorneys to see how we can help.

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