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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.
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:
- Disability Discrimination
- Fair Employment and Housing Act
- Racial Discrimination
- Wage & Hour Law
- Whistleblower Retaliation
- Workplace Safety Lawsuit
- Employment Discrimination
- Employment Harassment
- Employment Law FAQ
- Family and Medical Leave Act
- Age Discrimination
- Independent Contractors Misclassification
- Pregnancy Discrimination
- Sexual Harassment
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.
- What’s a “Protected Class” In a California Workplace?
- Is Harassment a Problem In Your Workplace?
- Is it Illegal for My California Employer to Withhold Overtime Pay?
- Has California Expanded It’s Family and Medical Leave Entitlements?
- Can My California Employer Demand Proof for Reasonable Accommodations?