Independent Contractor Misclassification

Working for an employer who doesn’t value your time or take into account how hard you work can be incredibly frustrating. Sometimes you feel like you have to put up with it even when you know they’re wrong because you’re afraid of losing your job. One way that employers take advantage is by misclassifying employees as independent contractors when they really should be classified as employees. This simply isn’t fair. If this is happening to you, don’t hesitate to contact the employment attorneys at Sessions & Kimball. We can help determine your classification, and we can help make sure your employer is treating you appropriately. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.

What Is An Independent Contractor?

According to California law, an independent contractor is a person or business that provides a specific service to another company in exchange for compensation. Independent contractors have flexibility regarding how they work; the most important thing is that they deliver the results they’ve promised.

What Is An Employee?

An employee, on the other hand, is under complete control of their employer. The employer can dictate how the work is done when it is done, and where it is done. While an independent contractor is only judged based on the results they deliver, an employee is judged and controlled based on how, when, and where they deliver the work. When you’re an employee, an employer basically controls every aspect of your job, not just the results.

Why You Need A Lawyer

When an employer refuses to classify you correctly, it’s clear that they don’t respect you and have no intention of treating you the way you deserve to be treated. It’s a good idea to contact a lawyer before the situation goes on for too long or gets out of hand.

Why Would An Employer Misclassify You As An Independent Contractor?

At first glance, it seems like being an independent contractor might be a good thing. It certainly has its benefits, but it’s essential to realize what you’re missing out on when your employer misclassifies you. In California, there are many labor laws that protect an employee, but they do not protect an independent contractor. For example, California’s laws regarding minimum wage, overtime, meal breaks, and rest periods only apply to employees. Additionally, workplace safety laws and retaliation laws only protect employees, not independent contractors. Unfortunately, many employers try to classify workers as independent contractors so that they aren’t afforded the same rights and protections as an employee.

What Are The Penalties If My Employer Misclassifies Me As An Independent Contractor?

If your employer willfully misclassifies you, meaning they know you are not an independent contractor but label you as one anyway, there are civil penalties between $5,000 and $25,000 per violation. If your employer continues to misclassify you, you can file a wage claim with the Labor Commissioner’s Office or file a lawsuit in court.

Sessions & Kimball Can Help

If you’re being misclassified as an independent contractor and your employee refuses to correct the situation, it’s in your best interest to contact an experienced employment attorney or law firm. As an employee, you deserve all of the legal protections available to you. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.