Employee Misclassification
Are you misclassified as an independent contractor? Learn about your rights and potential claims.
Common Signs of Employee Misclassification
Treated like employee but classified as contractor
You're controlled like an employee but classified as an independent contractor.
No benefits or protections
Denied benefits, overtime pay, or other employee protections.
Employer controls your work schedule
Your employer sets your hours and controls when and how you work.
Understanding Employee Misclassification
Employee misclassification occurs when employers incorrectly classify workers as independent contractors instead of employees. This deprives workers of important benefits, protections, and compensation they're legally entitled to receive.
The ABC Test in California
California uses the ABC test to determine worker classification. You're likely an employee unless ALL three conditions are met:
- A: You're free from control and direction in performing work
- B: You perform work outside the usual course of the hiring entity's business
- C: You're customarily engaged in an independently established trade
Signs of Misclassification
You may be misclassified if:
- Your employer controls your work schedule
- You're required to work on-site regularly
- You don't have other clients or customers
- You use the company's tools and equipment
- You're integrated into the company's operations
- You receive training from the employer
What You May Be Owed
If you're misclassified, you may be entitled to:
- Overtime pay for hours over 8 per day or 40 per week
- Meal and rest break premiums
- Reimbursement for business expenses
- Unemployment and workers' compensation benefits
- Health insurance and other benefits
- Penalties for wage statement violations
Get the Employee Benefits You Deserve
Don't let misclassification cost you thousands in benefits and protections. We'll fight to get you properly classified.