In Need Of Employment Misclassification Attorneys?


Employment Misclassification Attorneys in Pasadena, California

At Romero Law, APC, our employment misclassification attorneys in Pasadena, California know that over the past decade, employers have shifted their expectations regarding the need for hiring employees versus independent contractors.

In a rising gig economy, the designation between the two significantly changes the way each receives benefits and compensation.

Because of the wide variation between employees and independent contractors, Assembly Bill 5 passed throughout California in 2019 making it illegal to misclassify an employee to avoid paying benefits or wages, significantly curtailing an employer’s ability to do so.

Unfortunately, just because an action is against the law does not mean people are going to stop doing it.

Employment Misclassification Attorneys in Pasadena

If you are not receiving the benefits and/or compensation you are entitled to because of illegal misclassification, contact our Los Angeles County employment law attorneys today to schedule a free consultation to discuss your legal rights and options to pursue your employer for the financial recovery you deserve.

Why Would a California Employer Misclassify Employees?

Misclassification of employees in California may be illegal, but it is still a frequent practice throughout the state.

The most common reasons California employers misclassify employees is to avoid paying the proper rate, benefits, or observe the workers’ rights, including:

  • Minimum Wage
  • Expense Reimbursements
  • Lunch and Rest Breaks
  • Healthcare Benefits
  • Retirement Benefits
  • Workers’ Compensation Benefits
  • Paid Sick or Personal Days
  • Unemployment Insurance
  • Legal Right to Organize or Join a Union
  • Family Medical Leave Act Protection
  • Employer Retaliation Protection

As a result of these failures, misclassification typically only benefits the employer, which is why it was officially made illegal throughout California.

Under this new law, workers must be classified as employees unless the company can prove the worker:

  • Performs tasks that are outside the company’s usual course of business activities
  • Operates in an occupation or business of the same nature as the work they are currently performing
  • Free to perform services without control or direction of the company

Like most employment laws, there are exceptions to those who may and may not be misclassified, including those who are exempt from Assembly Bill 5, like real estate agents, insurance agents, and attorneys.

If you believe you have been or are currently being misclassified by your employer, contact our skilled Pasadena employment lawyer today to put a stop to this illegal activity and pursue the workplace benefits you deserve.

Our Pasadena Employment Law Attorneys Also Focuses on the Following Practice Areas:

How Will I Know if I Am Being Misclassified by My California Employer?

The California Department of Industrial Relations lists employee misclassification as “when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks.”

In short, employer misclassification is a form of fraud, and it must be stopped to provide our complete California workforce with the rights, protections, and pay they deserve.

What Type of Compensation Can I Pursue After Being Misclassified by My California Employer?

If you believe you are being misclassified as an independent contractor, when you are an actual employee, contact our skilled Pasadena employment law today attorneys to review your case.

Our goal is to secure the compensation you are entitled to, which may include:

  • Any unpaid wages, benefits, and interest on both
  • Unpaid benefits classification
  • Waiting time penalty
  • Court costs and legal fees

You deserve to be paid in full for the work you do, and for any work you did during the misclassification period. We can help you hold the employer accountable for the financial compensation you deserve, starting with a free consultation today. Call us now to learn more.

Contact Our Skilled Pasadena Employee Misclassification Attorneys Today

At Romero Law, our experienced misclassification attorneys in Pasadena take a hands-on approach to pursuing actual results our clients can count on, because we are more than just their lawyer, but their advocate.

We connect with our clients to understand the grief and despair their employers have caused them personally and professionally, so we can remedy the unlawful and degrading mistreatment they have endured, so they can confidently move past this challenging time with a clear win.

Our bilingual law firm staff offers services in both English and Spanish and is available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.

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FREQUENTLY ASKED QUESTIONS FOR EMPLOYMENT MISCLASSIFICATION

What is the difference between an independent contractor and an employee?

Independent contractors typically have more control over their work, while employees are subject to the employer's control. Misclassification can lead to denial of benefits and protections. If you suspect misclassification, contact Romero Law today to discuss your claim.

What is employment misclassification, and how does it apply to workers in Pasadena, California?

Employment misclassification occurs when an employer incorrectly classifies a worker as an independent contractor instead of an employee, or vice versa. In Pasadena, California, the correct classification is crucial due to specific employment laws governing both categories.

How can I determine if I've been misclassified by my employer?

Misclassification can be identified by assessing the level of control your employer has over your work. If you're told when, where, and how to perform your duties, you may be an employee. Additionally, examining factors such as benefits, tax withholdings, and job permanency can provide insight.

How does California law address employment misclassification issues?

California law, including Assembly Bill 5 (AB 5), sets strict guidelines for classifying workers. The "ABC test" is a primary determinant, focusing on factors such as control, independence, and the nature of the work. Seeking legal advice is advisable for a clear understanding of your specific situation.

What steps should I take if I believe I have been misclassified as an independent contractor?

If you suspect misclassification, document your working conditions, gather employment contracts, and consult with an employment misclassification attorney. They can assess your situation, guide you on the appropriate steps, and help you pursue legal action if necessary.

What types of damages or compensation can be pursued in an employment misclassification case?

Depending on the specifics of the case, compensation may include back pay, unpaid overtime, benefits, and other damages resulting from the misclassification. Consulting with an attorney will help determine the appropriate remedies for your situation.

What is independent contractor misclassification?

Independent contractor misclassification occurs when an employer improperly categorizes a worker as an independent contractor rather than an employee. This misclassification can lead to legal issues and deny workers certain rights and benefits.

What rights do employees have that independent contractors may not receive?

Employees are entitled to various rights, including minimum wage, overtime pay, workers' compensation, and certain benefits. Independent contractors may not have access to these protections, making proper classification crucial.

Can I challenge my independent contractor classification?

Yes, you can challenge your classification. Our attorneys can assess your working relationship, gather relevant evidence, and help you pursue legal action to correct the misclassification.

What are the potential consequences for employers who misclassify workers?

Employers who misclassify workers may face penalties, fines, and legal action. Correcting the classification promptly is essential to avoid legal complications.

Is there a statute of limitations for filing a misclassification claim?

Yes, there is a time limit for filing a misclassification claim. It's crucial to consult with our attorneys promptly to ensure you meet the deadlines and protect your rights.

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