Understanding Employee Misclassification

Whether a worker is an "employee" or an "independent contractor" makes a big difference. Under California laws, an independent contractor is not entitled to many benefits that must be offered to employees such as overtime pay, health and pension benefits, Social Security credits, protection against discrimination and unemployment insurance. Some employers wrongly classify their workers to avoid providing those benefits. Therefore, it is in your best interest to know your employment status to ensure you are properly classified as an employee or an independent contractor.

Since 1993, I have upheld the rights of employees throughout the Greater Los Angeles area, the San Fernando Valley and statewide. I can help you determine whether you have been the victim of employee misclassification, and if so, what you can do about it.

Am I An Employee Or Independent Contractor?

Independent contractors are just that — independent. Even if your contract states that you are an independent contractor, the court can look at the role your employer has in directing your work to determine whether you are in fact "independent." Some of the factors it may consider include:

  • The degree of control your employer exercises over your day-to-day work, dictating not just what you do but also how you do it
  • The degree to which your initiative, judgment and planning are allowed to successfully complete your work
  • The permanency of your relationship with your employer
  • The extent to which services or materials are provided by your employer

As an experienced employment law attorney, I have advocated for workers in numerous wage and hour issues in state and federal courts throughout California. I can help you determine whether your work actually makes you an employee or an independent contractor in the eyes of the law. If you have been improperly classified, I can then help you take steps to remedy the situation so that you can take advantage of any benefits you may be entitled to.

Contact An Employees' Rights Law Firm

If you have questions about your employment status, contact The Kaufman Law Firm by calling 818-305-6457 or 866-278-2385 toll free to schedule a free initial consultation with a skilled employment lawyer. My firm has offices in Westlake Village and Los Angeles for your convenience. Se habla español.