INDEPENDENT CONTRACTORS
Although, Independent Contractors are not entitled to protections under California Labor Code, Employers commonly improperly classify employees as independent contractors in an attempt to avoid certain wage and hour law requirements such as payroll taxes, minimum wage or overtime, meal periods or rest breaks, workers compensation insurance, and payments in relation to social security and unemployment or disability insurance.
Whether a worker is an independent contractor or an employee is based on the work performed, not the worker's title. The more control an employer has over a worker, the more likely it is the worker is an employee. On the other hand, the more a worker acts like an independent business enterprise, the more likely the worker is an independent contractor.
If your Employer has misclassified you as an Independent Contractor you can be entitled to unpaid overtime, meal and rest breaks, and other penalties.
If you are a bona fide Independent Contractor our office can help you recover your unpaid wages, including commissions. In certain circumstances you may also be entitled to treble or three times your damages.
For more information about Independent Contractors see Opinion Letters from the California Division of Labor Standards Enforcement:
If you believe you are being wrongfully classified as an independent contractor, please call our office at (310) 277-2323 or contact us online to determine if you are owed any money.
Let us help you recover the wages and benefits you are owed.
