Employment Law & Independent Contractors
Have You Been Wrongfully Classified as an “Independent Contractor”?
When it comes to wages and benefits, independent contractors do not have the same rights and protections as employees do. Because of this, employers may attempt to avoid minimum wages, overtime pay, taxes, disability insurance, and more by improperly classifying employees as “independent contractors.”
If your employer has wrongfully classified you as an independent contractor, resulting in you not being paid fair wages, not being compensated for overtime, or not receiving the benefits that you deserve as an employee, then you need a lawyer right away.
How Do I Know if I’m an Employee or an Independent Contractor?
There is no set definition of “independent contractor” in California employment law, but the Division of Labor Standards Enforcement (DLSE) usually presumes that a worker is an employee when there is a dispute regarding employment status, but there are many factors that they will review before coming to a final decision.
In these types of disputes, the DLSE will examine whether your employer has the right to control you as a work, as well as how your work is done. They will also review a number of other factors, including:
- Whether or not your work is a part of your employer’s regular business;
- Whether your employer provides you with tools or you provide your own;
- Whether your work is supervised by your employer/business or not;
- Your opportunity for profit or loss depending on your managerial skill level;
- How long your services are to be performed;
- The permanence of your working relationship with your employer;
- The method by which you are paid by your employer;
- And more.
Ultimately, if your employer is ultimately in control over you and your work, your job is an integral part of your company or employer’s operation, and the nature of your work makes detailed control unnecessary, then you may have an employee rights case.
Consult a Lawyer at Law Office of Neda Aguirre, APC!
Based in Temecula, our firm is here to protect your rights as an employee. The team at the Law Office of Neda Aguirre, APC can help you understand what your rights are and how we can help fight for the compensation you deserve after being incorrectly classified as an independent contractor. Find out what we can do for you!
Call (951) 977-4904 now to schedule a free initial consultation at Law Office of Neda Aguirre, APC.
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