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Independent Contractor Misclassification

Are you working as an independent contractor?

You may legally be an employee and entitled to compensation.

You may be misclassified as an Independent Contractor if:

  •       You don’t receive any benefits
  •       You don’t receive paid vacation or overtime
  •       You receive a 1099 for tax purposes

Employees misclassified as Independent Contractors could be entitled to:

  •       Unpaid wages;
  •       Unpaid overtime;
  •       Unpaid meal and rest breaks; and
  •       Other civil penalties and interest.

If you are a misclassified worker, you may have a case. The attorneys at Kabateck, LLP located in Los Angeles, CA are here to help. Fill out our Consultation Form for a free and confidential case evaluation.

Misclassifying employees as independent contractors hurts workers and deprives them of significant benefits and protections under the law. If you are a misclassified worker, you could be entitled to damages.

Workers who are classified as independent contractors when they should be employees unjustly miss out on important employee benefits. These include healthcare coverage, worker’s compensation, unemployment, and Social Security or Medicare (FICA) tax contributions, as well as California’s extensive employee protections like minimum wage, overtime pay, sick pay, and rest breaks.

Don’t be denied important benefits and protections you are entitled to.

Isn’t being an independent contractor a good thing?

In some cases, however employers save themselves money by classifying workers as independent contractors and pushing their federally and state mandated responsibilities onto employees. Employees misclassified as independent contractors have to pay all Social Security and Medicare taxes out of their own pocket.

Proper classification of a worker is not a company’s choice, it’s the law.

How do I know I have been misclassified?

If you receive a 1099 instead of a W-2, you are considered a contract worker, not an employee.

To protect California workers, the California Supreme Court recently adopted the “ABC Test” to determine whether a worker is properly classified a contractor.  Under the ABC test, if you are classified as an independent contractor, it is not your responsibility to prove you are actually an employee. California courts will presume that you are an employee unless your company can show:

  1. The worker is free from the Company’s Control;
  2. The Job Falls Outside the Company’s “Usual Course of Business;” and
  3. The Worker Typically Operates a Separate Business from the Company.

While this test is a favorable test for employees, prevailing in court requires an in-depth factual analysis of whether your company will be able to pass this test. Fill out our Consultation Form for a free and confidential case evaluation.

Can my company fire me for filing a case?

Companies are prohibited under California Law from retaliating against workers who challenge their classification.
Consultations are one hundred percent free and confidential.


The KBK team is our most valuable resource and the reason for our success The KBK legal team has made a significant impact in the legal community that has resulted in better consumer protections in the areas of sexual abuse personal injury, insurance bad faith, pharmaceutical litigation, wrongful death, class action, mass torts and disaster litigation. KBK is a full-service contingent fee law firm that values every case equally and is committed to maximizing recovery.

Brian Kabateck, Managing Partner

As a nationally recognized and respected trial attorney and Founding and Managing Partner of KBK, Brian Kabateck fights to ensure access to the justice system for those who have been victimized.

Brian’s vigorous litigation on behalf of his clients has netted more than a billion dollars in recoveries.

Because of his deep knowledge of the law and dynamic speaking style, Brian is a frequent analyst for national, local and legal media outlets. He makes regular appearances on CNN, MSNBC, CBS, NBC, ABC, FOX and CW stations. In addition to his television exposure, Brian often speaks at seminars, law schools and industry events.

Anastasia Mazzella, Partner

Anastasia is a seasoned litigator who has researched, drafted and successfully argued over one hundred motions and briefs in both state and federal courts and in a variety of areas. Anastasia uses her keen trial advocacy skills to promote and protect the rights of victims and women.

Anastasia’s extensive experience in complex litigation has allowed her to successfully resolve hundreds of matters during her career leading to the recovery of millions of dollars for injured plaintiffs.  Prior to joining KBK, Anastasia served as a judicial extern for the Honorable S. James Otero of the United States District Court during law school and as Editor in Chief of the Loyola Law Review.

Christopher Noyes, Partner

Christopher is a seasoned trial lawyer with an expertise in litigating personal injury, class actions, insurance bad faith and business litigation cases.

Mr. Noyes has successfully litigated many high-profile cases including a record setting verdict in 2014 that involved a contract dispute in Kings County.  Mr. Noyes obtained a $128,610,000 jury verdict for his clients in a contractual dispute over 34 square miles of agricultural land and its associated water rights. The nine-figure award is one of California’s largest jury verdicts in 2014 and is the biggest verdict to date for Kings County.

In addition to his trial work, Mr. Noyes is experienced in handing appeals, writing appellant briefs and has argued before the California Court of Appeal.

Hold companies accountable. Receive your free case evaluation.