When an employer hires someone, they must adhere to labor laws such as minimum wage standards, overtime pay, and vacation pay. They are also responsible for paying payroll taxes, worker’s compensation insurance, unemployment insurance, disability insurance, or social security. Because of these costs, some employers attempt to dodge regulations by calling employees “independent contractors.” While an independent contractor is a legitimate classification in many situations, it may not be in others. If you feel as though your employer has forced you into an independent contractor position in order to deny you legal rest breaks, overtime, or other benefits, there is action you can take. Contact our Orange County office today for a free consultation with our Los Angeles labor lawyer.Employment Law Attorney Helping Orange County Workers Recognize When They Have Been Misclassified
There is no set definition for an independent contractor. The use of independent contractors may be more common in some industries than in others. When determining if an employer is misclassifying independent contractors, the Employment Development Department considers a number of factors. Factors that are considered include:
- Whether or not the work in question is full-time or part-time
- Whether or not the person is employed full-time by another employer
- Whether or not the person has their own business
- Whether or not the employer supplies the worker with tools, materials, and a place to work
- The length and permanence of the working relationship
- The method of determining compensation- whether it is by time or by the job
- Whether the service requires a certain level of skill
Many employers will require an employee to sign a contract agreeing to be an independent contractor. However, a written agreement does not determine an employee’s status. If you believe a business is misclassifying independent contractors and has mistakenly classified you as an independent contractor, contact an attorney immediately.
Yash Law Group aggressively protects the rights of Orange County residents to be classified as an employee. Los Angeles labor lawyer Jesse Singh will take your case to the Labor Commissioner and, if necessary, the courts so that a final determination may be made. Contact our office today.Los Angeles Litigator Taking Aggressive Action Against Labor Law Grievances
Yash Law Group understands that many employees do not know that they are being taken advantage of or may not be aware of their rights. Employers often have lawyers and legal contracts that can be intimidating to one who just does not want to lose their job. When you retain our firm, we may file a wage claim with the Division of Labor Standards Enforcement, stating what wages you have lost as a result of being misclassified as an independent contractor. Your employment status will then have to be determined. A conference or hearing may be set in order to determine the validity of your claim. If necessary, we may instead take your case directly to court. Should your employer attempt to retaliate against you for filing a claim or lawsuit, we will help you file a discrimination and retaliation complaint. Do not be bullied by an employer who believes they can avoid the rules. Call our Los Angeles employment law attorney today, 714-494-6244.