Employee Misclassification

Being classified as either an employee or independent contractor can each have certain benefits, depending on the circumstances. Independent contractors enjoy more freedoms to do their jobs on their own schedule as well as determine when and what tasks to take on. Employees, however, have less freedom in how they do their work but more rights to certain pay as well as causes of actions in the event of mistreatment. Unfortunately, sometimes employers misclassify employees as independent contractors to avoid having to provide mandated benefits and working conditions. If you believe you’ve been classified incorrectly, Orange County employee misclassification lawyers at Serendib Law Firm can help you pursue proper legal action against an employer. We help workers who have been denied pay or other benefits due to misclassification, and make sure the employers are held accountable. If you have questions about your legal rights as an employee, call 1-800-LAW-8225 (800-529-8825) or contact us online today to speak with an attorney.

Independent contractors, sometimes known as “freelancers,” are typically workers who consult or otherwise do business for multiple clients at the same time. These types of workers have greater flexibility in deciding when, where, and how they do their jobs. Employees, however, have less control. Generally, employers have the discretion to tell employees where they need to be, when, and what their tasks are to be completed. Employees also have more rights and are entitled to benefits under federal as well as California law. If you have questions regarding whether you qualify as an employee or independent contractor, a knowledgeable Orange County employee misclassification attorney can help you make that determination. Some rights that employees have that independent contractors do not include:

• Paid meal breaks
• Being paid minimum wage
• Overtime pay
• Family and medical leave
• Unemployment benefits
• Workers' compensation benefits

Employees can also file unlawful discrimination or retaliation lawsuits when they have been either discriminated against or suffered retaliatory action in the workplace. Some employers will intentionally misclassify an employee as an independent contractor in order to avoid providing these benefits.

In California, workers are preemptively considered employees, and the burden falls on the employer to show otherwise. Written contracts that classify individuals as independent contractors are also not definitive in making that determination if other evidence shows employee status. Some indications that a worker is more likely an employee include if they are paid hourly; requirements regarding work location and a fixed work schedule; training provided by an employer; use of company resources; and restrictions on working for others. If you believe you have been misclassified as an independent contractor, a seasoned employee misclassification attorney at the Serendib Law Firm in Orange County can assist you in pursuing the proper action.

In addition to being denied the above benefits, a misclassification can also have adverse tax consequences. Misclassified employees have the right to file wage claims or report their misclassification without retaliation from their employer. Under California law, employers may not take adverse actions such as terminating, demoting, or reducing hours for those pursuing a correction on their employee status. If you have been misclassified, you have three years within which to file a claim seeking unpaid wages. For breach of contract, the statute of limitations is four years. Misclassified employees may be compensated for unpaid wages, unpaid overtime, as well as unpaid meal breaks, plus interest on all. These employees may also be entitled to additional damages in cases where an employer acted in bad faith.

Employees are entitled to proper pay for their work. When an employer either intentionally or mistakenly misclassifies them, they may be denied significant wages owed to them. Orange County employee misclassification lawyers at Serendib Law Firm are dedicated to making sure our clients understand their rights and are able to properly assert them. We represent employees across Southern California including Orange, Los Angeles, San Bernardino, and Riverside Counties. If you have any employment-related question or concern and would like to learn more about your legal options, contact our office today at 1-800-LAW-8225 (800-529-8825) or online to discuss your case.