Employee Misclassification Lawyers in California
If you have been working as an independent contractor but your day-to-day work looks and feels like that of a regular employee, you may have been misclassified. This is one of the most common ways California employers avoid paying overtime, benefits, and other protections workers are legally entitled to.
California has strong laws that protect workers from being misclassified, including Assembly Bill 5 (AB5), which established a clear legal standard for how employers must classify their workers. If your employer has not met that standard, you may be entitled to compensation for the wages and benefits you were denied.
At Lawyers for Employee and Consumer Rights (LFECR), our misclassification attorneys help workers across California determine whether they were misclassified and pursue what they may be owed. We offer free case evaluations with no upfront cost. You only pay if we recover for you.
I can not speak highly enough. An immense thank you to my attorney and the entire team! Very professional, communicative and highly knowledgeable. Will recommend.
Mel Luna
Local Guide
I got a settlement when I didn't even expect a dime. I wasn't there to hear them or even see them fighting for me, but the fact that they were able to get me compensation was all that made the ultimate difference between me and my ex employer. Thanks.
Steve Uitz
Local Guide
I had a truly remarkable experience with the legal professionals who represented me, they exhibited an impressive level of expertise and insight regarding the specifics of my case. They provided me with thorough guidance and support...
Local Guide
Misclassification of Employees as Independent Contractors
Employers often evade paying taxes, benefits and overtime by misclassifying certain employees as "independent contractors." Although the situation is more complex, various factors determine your employment status.
A genuine independent contractor shapes their work schedule, invests in tools, and collaborates with multiple employers.
Have you encountered these scenarios?
- Your job duties are assigned by your employer.
- Your work times and locations are stipulated by your employer.
- Your hours require your employer's approval.
- You're exclusively working for a single employer.
- Tools and equipment are provided by your employer.
If you've been labeled an "independent contractor" but practically function as a regular employee, you might have received inadequate compensation. In such cases, pursuing legal action against your employer might be necessary.
Does any of this apply to you?
If you recognized your situation above, a free case evaluation can help you understand whether you were misclassified and what you may be owed. There is no cost and no obligation.
Why would an employer misclassify employees as independent contractors?
Employers may misclassify employees as independent contractors for several reasons, some of which may stem from financial incentives. By categorizing workers as independent contractors, employers can avoid paying certain taxes, benefits, and overtime wages. This misclassification can lead to reduced labor costs and administrative burdens for the employer. However, this practice can also have legal consequences if discovered, as it infringes on workers' rights and can result in penalties for violating employment laws.
While financial motivations are common, some employers might genuinely believe that the nature of the work or the relationship justifies classifying workers as independent contractors. It's crucial for both employers and workers to understand the legal distinctions between employees and independent contractors to ensure compliance with labor laws.
If you suspect misclassification,
call LFECR
and speak with an employment lawyer today, so we can clarify your status and protect your rights.
What You May Be Able to Recover
If you were misclassified as an independent contractor when you should have been an employee under California law, you may be entitled to recover compensation for the wages and benefits you were denied. The specific amounts depend on how long the misclassification lasted and what violations occurred.
- Unpaid overtime. Overtime pay for all hours worked over 8 in a day or 40 in a week that you were not compensated for due to your contractor status.
- Missed break premiums. Compensation for meal and rest breaks that were never provided because your employer treated you as a contractor.
- Minimum wage violations. If you were paid less than the California minimum wage for hours worked, you may be able to recover the difference plus penalties.
- Business expense reimbursement. Reimbursement for business expenses you paid out of pocket that an employer would be required to cover for a properly classified employee.
- Lost benefits. Misclassified workers are also commonly excluded from employer-provided benefits such as health insurance and paid time off that employee status would have entitled them to.
- Civil penalties. California Labor Code imposes civil penalties on employers who misclassify workers, which may be available in addition to back wages.
Misclassification claims can involve multiple overlapping violations that compound over time. The longer the misclassification lasted, the more compensation may be available. An attorney can review your work history and give you a clearer picture of what you may be owed.
Our Process
- Call LFECR at 844-619-7541 or fill out the form below after hours.
- When you call Lawyers for Employee and Consumer Rights, do not be alarmed if you’ll need to share your story several times with our legal team.
- You’ll first speak with a Case Evaluator, who is collecting information that they will share with one of our Employment Law Attorneys.
- We’ll explain the legal process and guide you along the way – so we can get you the justice you deserve. Call us today.
FAQs About Misclassification Law in California
How do I know if I was misclassified as an independent contractor in California?
The clearest way to assess this is to look at how the work relationship actually functioned, not just what your contract said. California law, including the standards established under Assembly Bill 5 (AB5), requires that certain conditions be met before a worker can lawfully be classified as an independent contractor. If your employer controlled your schedule, required you to work specific hours, directed how you completed your tasks, or provided your tools and equipment, those are strong indicators that you may have been misclassified. An attorney can evaluate your specific situation against California's classification standards.
Can I be both an independent contractor and an employee in California?
It is possible to be an employee for one employer and an independent contractor for another at the same time. However, a single employer cannot classify you as an independent contractor for some tasks and an employee for others simply to avoid paying benefits or overtime on certain work. The classification must reflect the overall nature of the working relationship, not the specific task being performed. If you are performing work that is central to your employer's business under their direction and control, you may be an employee for all purposes regardless of what your contract says.
Can a misclassified independent contractor collect unemployment in California?
Potentially yes. If you were misclassified as an independent contractor when you should have been an employee, you may have been wrongly excluded from unemployment insurance coverage. You can file a claim with the California Employment Development Department (EDD), which will make its own determination about your employment status. A misclassification finding can open the door to unemployment benefits in addition to a civil claim for back wages and other compensation.
How long do I have to file a misclassification claim in California?
The filing deadline depends on the type of claim. Unpaid wage claims under California law generally have a three-year statute of limitations. Claims for civil penalties under the Labor Code typically have a one-year deadline. Federal claims under the Fair Labor Standards Act have a two-year window, extended to three years for willful violations. Because misclassification cases often involve multiple claims with different deadlines running simultaneously, speaking with an attorney as early as possible is the most reliable way to protect your options.
Do independent contractors have any rights in California?
Yes. Even workers properly classified as independent contractors retain certain legal protections in California. They are entitled to be paid the amounts agreed upon in their contracts, to be free from harassment and discrimination in certain circumstances, and to maintain ownership of their intellectual property unless otherwise agreed. If you were classified as an independent contractor but the facts of your working relationship suggest you functioned as an employee, you may be entitled to the full range of employee protections under California law regardless of what your contract says.
Can I sue my employer for misclassification in California?
Yes. Workers who were misclassified in California have several legal options including filing a wage claim with the California Labor Commissioner, pursuing a civil lawsuit, or taking advantage of California's Private Attorneys General Act (PAGA), which allows employees to file claims on behalf of themselves and other misclassified workers for Labor Code violations. An attorney can advise on which approach is most effective given the facts of your situation.
