Independent Contractor Misclassification
YOUR INDEPENDENT CONTRACTOR MISCLASSIFICATION ATTORNEYS
If you have been misclassified as an independent contractor, you may have been robbed of the many legal protections intended for employees including but not limited to:
- Laws requiring payment of minimum wage
- Laws requiring payment of overtime wages;
- California laws requiring family leave;
- Workers’ compensation coverage if injured on the job;
- Employment insurance;
- The right to organize or join a union;
- Laws prohibiting retaliation against employees.
HOW DO I KNOW IF I HAVE BEEN MISCLASSIFIED AS AN INDEPENDENT CONTRACTOR?
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:
- It does not control or direct the worker;
- The worker is performing work that is outside of the company’s normal or main business; and
- The worker was engaged in a separate trade, occupation or business.
If the hiring company cannot establish all three of these requirements, then the worker is an employee who has been misclassified as an independent contractor and he/she can sue for damages and penalties under various Labor Code provisions, including sections 226.8 and 2699(f)(2) of the California Labor Code.
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If you have been misclassified as an independent contractor, call Hardin Law Group today for a free and confidential consultation to regain your losses.
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Newport Beach, CA 92660
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Redondo Beach, CA 90277
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San Francisco, CA 94104
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