Misclassified as an Independent Contractor?

Los Angeles Employee Misclassification Lawyer Fighting For California Workers

Independent contractors are an essential part of many different industries in California, including film studios, IT consulting firms, on-demand service apps and construction companies. Though a contractor-employer relationship can benefit both parties, there are cases where the business expects an independent contractor to do the work of an employee or will classify a non-exempt worker as an independent contractor to avoid providing employees the compensation and benefits they deserve. A Los Angeles employee misclassification lawyer can determine if an employer incorrectly misclassified a group of employees to avoid the costs of paying unemployment benefits, taxes, providing California workers comp coverage, overtime pay and other employee benefits misclassified workers rightfully deserve.

Our employment attorneys have more than four decades of combined legal experience representing California workers in employment law claims. We have seen several cases where companies use employee misclassification as a tool to save money and exploit workers. If you believe that your employer is unlawfully using an independent contractor misclassification to limit your benefits and wages, a Los Angeles employee misclassification lawyer at the experienced California employment law firm of Kesluk, Silverstein, Jacob & Morrison, P.C. wants to help. Call us now for free legal advice about your potential wage and hour case.

Differences between Contractors and Employees in Los Angeles

Independent contractors are referred to as “independent” for a reason. Though an employer may make certain requests for the results of the contractor’s work, they are ultimately responsible only to themselves. In contrast, employers exercise much more control over workers classified as employees, such as the hours to work, which tools to use and how the job is done.

There are many differences between an independent contractor and an employee. Some of the markers of an independent contracting job include:

• You are paid by the job, not hourly.
• You have control over your work hours, not the employer.
• Your work is part of a one-time task, not an ongoing process.
• You use your own equipment, materials and tools for the job.
• Your job requires specific skills and expertise.

For help determining how you should be classified and what your employer may be classifying you as, talk to our Los Angeles employee misclassification lawyer as soon as possible. Your employer may be limiting your benefits and wages by using an incorrect employee classification.

Why California Employers Violate Employment Classification Laws

Staffing is one of the biggest expenses to business owners in Los Angeles, the state and nationwide. Employers must pay non-exempt employees overtime when they work over 40 hours a week, in addition to several other employment costs. California employment misclassification laws such as Senate Bill 459 penalizes companies that willfully misclassify employees and do not pay minimum wage, overtime pay, pay for meals and breaks at work due to independent contractor misclassifications.

Employers may also classify a worker as an exempt managerial employee to avoid paying overtime. Typically, these workers receive a salary but may end up working more hours than their job requires without receiving fair compensation at an overtime pay rate. This employment practice is illegal, and you need to talk to experienced Los Angeles employment attorneys if this is happening to you.

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