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.

Independent Contractor Consultation Form

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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.

Independent Contractor FAQs

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:

  • The worker is free from the Company’s Control;
  • The Job Falls Outside the Company’s “Usual Course of Business;” and
  • 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.

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.

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