Skip to content

Independent Contractor Misclassification


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.


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.

Connect With Us

If you have been misclassified as an independent contractor, call Hardin Law Group today for a free and confidential consultation to regain your losses.

Protect Your Rights. Contact Us.

  • This field is for validation purposes and should be left unchanged.

Orange County Office

(949) 337-4810

(844) 615-1122

23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660

Los Angeles Office

(310) 606-2122

1638 South Pacific Coast Highway
Redondo Beach, CA 90277

San Francisco Office

(415) 510-2211

One Sansome Street, Suite 3500
San Francisco, CA 94104

No Recovery, No Fee. Call today for a free case evaluation.


This website and corresponding blog may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Any results portrayed on this website are dependent on the facts of the particular matters and results will differ if based on different facts. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. No representation is made in this website that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.