Independent Contractor Misclassification

When a California worker is misclassified as an independent contractor, he or she loses on the many legal protections intended for employees, such as laws requiring payment of minimum wage and overtime wages and California laws requiring family leave, workers’ compensation coverage if injured on the job, unemployment insurance, the right to organize or join a union, and laws prohibiting retaliation against employees, among other things. Under the “ABC Test” established by the California Supreme Court in Dynamex Operations, West, Inc. v. Superior Court, 4 Cal.4th 903 (2018) and Labor Code section 2750.3, a worker is considered an employee unless the hiring company can prove: (1) it does not control or direct the worker; (2) the worker is performing work that is outside of the company’s normal or main business; and (3) the worker was engaged in a separate trade, occupation, or business.

If the hiring company cannot establish all three of these requirements, then the workers are employees who have been misclassified as an independent contractor and they can sue for damages and penalties under various Labor Code provisions, including sections 226.8 and 2699(f)(2) of the California Labor Code.

The Right Employment Law Attorneys

If you have been mistreated by your employer, contact Hardin Law Group, an employment law firm with offices in Los Angeles and Orange County with experience in representing employees just like you.

If you or someone you know has been harmed by an illegal labor/employment practice, you want experience and success on your side. Contact the knowledgeable lawyers at Hardin Law Group today.

(949) 337-4810, (310) 606-2122, or (844) 615-1122

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