Employee Versus Independent Contractor Lawyer

Does your employer consider you an Independent Contractor? If so, your Employer may be depriving you of benefits you are owed. These benefits include overtime, minimum wage and reimbursement for expenses. Businesses wish to use independent contractors to avoid paying these benefits. However, the California Supreme Court and the California Legislature have determined businesses may only use independent contractors in limited situations. Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903; (Cal Labor Code § 2775-2787. (you may have heard of this law as “AB 5”).

• The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
• The worker performs work that is outside the usual course of the hiring entity’s business; and
• The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

Unless all three of the above conditions are met, the individual must be classified as an employee and not an independent contractor.

For a Free consultation, contact the renowned wage and hour lawyers at Kokozian Law Firm, APC. at 323-857-5900 if you believe you have been misclassified as an independent contractor. Our office has decades of experience helping employees like you who are being treated illegally by their employers. We handle cases throughout California. Remote intakes are available. Feel free to call.