Misclassification as Independent Contractor

Some employers attempt to circumvent their obligations under California’s wage and overtime laws or to avoid tax implications by illegally classifying workers as independent contractors, rather than employees.

Under California law, an employer’s designation of an individual as an independent contractor is not determinative of the individual’s status. Courts frequently have found individuals to be employees despite the presence of written agreements that expressly designated the individuals as independent contractors. Instead, courts examine the totality of the circumstances when determining whether a given individual is an employee or an independent contractor. Although the primary factor considered is whether the employer has the right to control the manner and means by which the individual completes his/her work, other factors examined by courts include, among other things, whether the work involves a distinct business, the skill required in the particular occupation, whether the employer or the individual supplies the instrumentalities or tools used to perform the work, the length of time for which the services are to be performed, the individual’s opportunity for profit or loss, the manner and timing of payments, and whether the work is a part of the employer’s core business.

When an employer illegally and improperly treats an employee as an independent contractor, it is subject to sever monetary penalties. Because a misclassification claim may extend far beyond the individual claimant, these claims often will be pursued as a class action on behalf of all other individuals who have similarly been misclassified. These matters typically are handled on a contingency basis, so there is no fee unless and until you are compensated.

The examination of a misclassification claim typically requires an attorney who is well-versed in this complex area of law. It is critical that you retain an attorney with the essential knowledge, experience and skill necessary to evaluate all potential violations in this complicated area of law.

The Law Offices of Craig Hubble and the attorneys with whom we work on these matters have successfully pursued a multitude of cases involving claims of misclassification, including the pursuit of a numerous of class action lawsuits, and we have been approved as class counsel in several California cases.

Our experience, tenacity and skill have helped us thrive in this complex area of law. We employ a hands-on, dedicated approach to every matter, and we believe that it is vital that you get the personal attention and tireless, high quality representation that you genuinely deserve. We are committed to protecting your rights and obtaining the best results for you and your co-workers. Although we are based in the Los Angeles area, our practice extends throughout California’s state and federal courts.

If you or a loved one believe that your employer has improperly classified and treated you as an independent contractor, contact us today for a free consultation as to your rights and potential remedies.