The Significance Of Independent Contractor Misclassification In California

A considerable number of the people who work in California are considered employees. Others are considered independent contractors and, as such, are not entitled to the benefits that employees in California are owed.

Some employers choose to classify their employees as independent contractors. They do this to avoid providing the benefits their employees – who, again, are classified as independent contractors – are entitled to.

Going over the significance of independent contractor misclassification in California and speaking with a California employment attorney will help you obtain the compensation you are legally owed.

What Are The Benefits Every Employee Is Entitled To In California?

Every employee is entitled to the following benefits in California:

1. A minimum wage of $16.50 per hour.
2. Overtime pay.
3. Unemployment insurance.
4. Paid leave.
5. Workers’ compensation.
6. Meal breaks/rest breaks.
7. Business expense reimbursement.

Some of these benefits are dependent on other factors, but nearly every employee is entitled to the above.

What Happens If You Are Misclassified As An Independent Contractor?

The answer to the question outlined above is as follows: you will be deprived of the benefits you are entitled to. This means that you will not be owed a minimum wage or overtime pay, along with many other benefits.

Just as an example, if you are misclassified as an independent contractor, you may end up working for an hourly wage that is less than $16.50 per hour.

Or, just as another example, if you are misclassified as an independent contractor and you are forced to drive for some of your work, you may not be able to receive compensation for this driving.

Many people work as legitimate independent contractors, and many others do not. Their employers have misclassified them – and, as a result, they are being denied the benefits that, legally, they are entitled to.

Who Is An Independent Contractor?

You are an independent contractor in the state of California if you meet the following criteria:

1. You are free from the control and direction of their work.
2. You perform your work outside of the standard framework that the hiring business operates within.
3. You are engaged in your own, independently established, trade, occupation, or business.

A good example of each of the above can be found in the section below:

1. You can work whenever you want to, and wherever you want to, so long as your tasks are completed.
2. You do not work at the office and, instead, work from home, without direct supervision.
3. You operate your own business and work with other companies, as opposed to just one company.

Every single one of the above, if present, means you are an independent contractor. But, if they are not present, you may be an employee and, as such, entitled to the benefits that every employee in California is owed.

Speak With A Northern California Employment Attorney Today

If you would like to obtain the compensation you are owed, you should speak with someone who has the ability to help you. Speak with a Northern California employment attorney at Maire & Deedon today to receive what you are entitled to.