Employers sometimes misclassify their employees as independent contractors to get around laws that exist to protect the rights of employees, such as the right to minimum wage and overtime pay, the right to meal and rest breaks, and the right to be reimbursed for business expenses. The problem of independent contractor misclassification has gotten worse in recent years with the rise of the “gig economy.”
Attorneys at Rudy, Exelrod, Zieff & Lowe, LLP have decades of experience helping workers throughout California and nationwide to recover unpaid wages, penalties for missed meal and rest breaks, and unreimbursed business expenses resulting from companies treating their workers as independent contractors. We have recovered hundreds of millions of dollars in unpaid wages for these workers and are recognized as one of the pioneers and leading law firms in this area.
Have You Been Misclassified as an Independent Contractor?
An employer cannot avoid California’s worker protection laws simply by classifying a worker as an independent contractor. It doesn’t matter that the worker has signed an agreement stating that they are an independent contractor. The law presumes workers are employees, and in order for an employer to get around that presumption and treat its workers as independent contractors, the employer must prove three things:
- The worker is free from the control and direction of the employer in connection with the performance of the work. This means that if your employer sets your schedule, requires you to use company equipment, or wear uniforms or company-branded clothing, or if your employer has training manuals, or supervises your work, then the employer may not be able to satisfy this requirement. If the employer exercises too much control over you, then, under California law, you are an employee rather than an independent contractor.
- That the worker performs work that is outside the usual course of the employer’s business. For example, if your company is in the business of delivery or transportation, then it should classify its drivers as employees. In contrast, a transportation company may be able to classify workers providing security services as independent contractors.
- That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. This means that if you have taken steps to set up an independent business through licensing, incorporation, etc., then you may be seen as in business for yourself and are, therefore, more likely to be properly classified as an independent contractor. However, if you have not set up an independent business and you work only for a single company, then you are more likely to be an employee.
It isn’t enough for your employer to prove one or two of these three requirements. In order for your employer to properly classify you as an independent contractor in your employment contract, it must prove all three of these requirements.
The Role of an Employment Misclassification Lawyer
California’s employment laws are complex and constantly evolving. An experienced employment lawyer stays abreast of these changes and understands the nuances of laws regarding misclassification. Their expertise is invaluable in evaluating the merits of a misclassification claim. Other benefits of working with an experienced employment attorney include:
- Navigating Legal Procedures: Employment lawsuits involve intricate legal procedures and deadlines. An attorney ensures that all necessary steps are taken in a timely and correct manner, from filing the case to representing you in court.
- Negotiation Skills: Many employment disputes are settled out of court. A skilled lawyer can negotiate effectively with employers to secure a fair settlement, saving you time and stress.
- Maximizing Compensation: If you’ve been misclassified, you may be entitled to back pay, benefits, and other compensations. A lawyer will fight to ensure you receive all the compensation you’re entitled to.
- Providing Representation in Court: If your case goes to court, having an attorney is essential. They will represent you throughout the legal process, presenting your case and arguing on your behalf.
Experienced Legal Counsel for Employment Misclassification Claims
Navigating an employment misclassification lawsuit in California can be a daunting task. However, with the right legal support, you can secure your rights as a worker and seek the compensation you are owed. Hiring an experienced employment lawyer offers you not just legal representation but a guiding hand through the complex labyrinth of employment law, ensuring your voice is heard and your rights are upheld.
If you believe that you are misclassified as an independent contractor, or you have questions about your classification as an independent contractor, please contact us to discuss your potential claims.