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California Employment Law Glossary

Independent Contractor Misclassification Definition
Misclassification

 

Definition


 

Independent contractor misclassification occurs when an employer labels a worker as a contractor to avoid providing wages, benefits, overtime, expense reimbursement, and other legal protections - even though the worker functions as an employee under California law. The economic consequences for misclassified workers can be substantial, including years of lost overtime pay, unreimbursed expenses, and denial of workers' compensation and unemployment benefits.


Frequently Asked Questions

California applies the ABC test, which presumes you're an employee unless your employer can prove all three specific prongs regarding control, the nature of your work, and your independently established business.

Misclassified workers may recover unpaid overtime, missed meal and rest break premiums, unreimbursed expenses, and access to benefits like unemployment and workers' compensation they were wrongly denied.

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Misclassification as a contractor can cost you thousands. Get a free case review to find out if you have been misclassified.
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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.