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Independent Contractors Misclassification Attorneys in Pasadena, California
At Romero Law, our skilled Pasadena employment law attorneys have a lengthy and successful record of securing positive results for California employees — including those who have been misclassified as independent contractors.
Historically, employee misclassification has been a significant problem in California, as employers do everything they can to avoid paying the wages and benefits workers are entitled to, placing profits over compliance with employment laws.
In 2019, California Legislators passed Assembly Bill 5 making it illegal to misclassify an employee as an independent contractor. AB5 drew a distinct line between the two, which must be followed, or the employer can face significant legal penalties. Here is what California employees need to know about employers violating the law for personal gain.
What is the Difference Between California Employees and Independent Contractors?
A clear distinction between independent contractors and employees was introduced through the California Labor and Workforce Development Agency’s ABC test.
The bottom line is, you are an employee unless the hiring company can prove:
- You perform work outside the usual course of the paying company’s business.
- You are free from the company’s direction or control while performing your duties.
- You are routinely engaged in an independently established trade, occupation, or business of the same nature as the work performed.
If the hiring company cannot prove those three elements — known as an ABC test — you are an employee who is entitled to:
- Minimum wage and overtime pay requirements.
- Rest and meal breaks or pay for working through either.
- Medical leave and paid time off.
- Payroll taxes, including Social Security and Medicare taxes.
- Health insurance requirements.
- Unemployment, disability, and workers’ compensation insurance.
Employers who classify employees as independent contractors do so to avoid the expense of hiring and maintaining a proper workforce. This is illegal. If you believe your employer is misclassifying you as an independent contractor, contact our experienced employment law attorneys in Pasadena today.
Our Pasadena Employment Law Attorneys Also Focus on the Following Practice Areas:
- Employment Misclassification
- Fair Employment and Housing Act
- Racial Discrimination
- Wage & Hour Law
- Whistleblower Retaliation
- Workplace Safety Lawsuit
- Employment Discrimination
- Employment Harassment
- Family and Medical Leave Act
- Age Discrimination
- Disability Discrimination
- Pregnancy Discrimination
- Sexual Harassment
How to Evaluate Your California Employment Classification
The ABC test was designed to provide definitive proof as to whether a California worker is an employee or an independent contractor.
However, if there is any confusion as to how the three elements apply to your employment circumstance, there are a few ways to ensure you are being properly classified.
- Operate a self-supported business, and often work for more than one company at a time.
- Set their own hours, are paid by the project, and provide the tools and equipment necessary to do their jobs.
- Pay their own business, travel, and employee expenses.
- Earn a profit or suffer a loss during their work for any given company during a project.
- Are often closely supervised and are provided with the training, tools, and equipment necessary to do their jobs within the company.
- Work full-time for a company and provide services that are an integral part of their employer’s business.
- Are paid by the hour and receive benefit entitlements.
If there is any confusion about your classification as an independent contractor, we can help set the record straight.
Contact Our Skilled Employment Law Attorneys in Pasadena, California Today
Contact our experienced Los Angeles County employment law attorneys to discuss your unique workplace circumstances today, so you can pursue the company that misclassified your employment for the wages and benefits you are entitled to as an employee.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.