Independent Contractor Misclassification
What does misclassification of independent contractors entail?
California employers sometimes label an employee as an independent contractor in order to deny overtime pay and proper meal and rest breaks. Under California law, there is a rebuttable presumption that all workers are employees rather than independent contractors, and the burden is on the alleged employer to disprove employee status.
What factors are used to determine independent contractor status?
While the right to control work is a significant factor, the following other factors are also evaluated to determine whether an individual has been properly classified as an independent contractor:
1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;
2. Whether or not the work is a part of the regular business of the principal;
3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
4. The alleged employee's investment in the equipment or materials required by his task;
5. The skill required in the particular occupation;
6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
7. The alleged employee's opportunity for profit or loss depending on his managerial skill;
8. The length of time for which the services are to be performed;
9. The degree of permanence of the working relationship;
10. The method of payment, whether by time or by the job;
11. Whether or not the parties believe they are creating an employer-employee relationship.
How can an attorney help you?
California has the most comprehensive system of wage laws in the country. Determining whether you are misclassified as an independent contractor can be a complicated process. We are well-versed in California wage law and can analyze your individual case to determine whether your employer has violated the law. We can help you navigate the complex process of filing a claim with the Labor Commissioner or in state court. We will fight to obtain the maximum amount of wages and penalties possible.
Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
review the facts of your case and give you an honest evaluation of any
independent contractor issue you are facing.
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