Many companies deliberately misclassify their employees as “independent contractors” to save money and avoid having to comply with labor laws.
Misclassified employees are wrongfully deprived of many of their rights under the law, including minimum wage and overtime protections, meal and rest breaks, and reimbursement of expenses. These employees also lose out on employee benefits, such as sick days and health insurance. On top of that, misclassified workers are responsible for paying taxes that companies would otherwise have to pay on their behalf.
For those reasons, employees who are improperly classified as independent contractors may be entitled to recover damages from employers who engage in this unlawful practice, including unpaid wages and penalties. The San Bernardino Employee Misclassification attorneys at Broslavsky & Weinman, LLP strongly believe that companies should not get away with trying to cheat workers out of their rightful wages and benefits and should be made to compensate misclassified employees.
Determining If You Have Been Misclassified in California
An independent contractor is supposed to be just that – independent. True independent contractors are not being closely supervised by a boss, have a flexible schedule, and may perform work for more than one company at a time. Generally speaking, if a company has the right of control over the worker, then he or she probably should be classified not as an independent contractor but as an employee.
Some of the factors considered by the courts in determining whether or not an individual has been misclassified include:
- Does the company set the work schedule?
- Is the work supervised?
- Does the company give specific instructions regarding how to perform the work?
- Does the company provide supplies, tools or uniforms?
Another indication of being misclassified is working for a company full time and/or exclusively. An additional important consideration is performing work that is the part of the company’s regular business operations. For example, a trucker working for a trucking company, a worker helping to manufacture or design a product that the company then sells as part of its regular business, or a salesperson of the company’s products or services all types should be classified as employees.
Because the employee vs. independent contractor determination can sometimes be fact-specific, it may be advisable to contact an independent contractor misclassification lawyer in San Bernardino even if you are not positive that you are being misclassified but just have questions or concerns about your classification.
Proper Classification as an Employee Cannot be Waived
Some companies try to avoid liability for their misconduct by requiring workers to sign agreements where they supposedly acknowledge that they are “independent contractors” and not “employees”. Fortunately, whether someone should be classified as an employee or independent contractor is determined by the law and not by the parties’ agreement. Accordingly, even if you signed an agreement accepting an independent contractor status, your employer can still be held liable.
Contact San Bernardino Independent Contractor Misclassification Attorneys Now for Free Consultation
If you suspect that you have been misclassified or otherwise have questions about your employment status, contact our San Bernardino independent contractor misclassification attorneys by calling us at (909) 551-4455 or filling out our contact form. During the free consultation, we will go over your work and the manner in which you perform your job, and give you an evaluation of your potential claims.
All of our employee misclassification cases are taken on a contingency fee basis, meaning there are no attorney’s fees and costs unless there is monetary recovery against the company. The San Bernardino misclassification attorneys at Broslavsky & Weinman, LLP provide representation to employees throughout all of the county, including, but not limited to Ontario, Fontana, Upland, Redlands, and Rancho Cucamonga.