Are you an independent contractor who believes you have been misclassified by your employer? Our skilled Los Angeles Independent Contractor Misclassification Lawyer is here to advocate for your rights. Arrange a free consultation by calling (949) 379-6250 or sending us a message online.
Why Choose Aegis Law Firm?
Aegis distinguishes itself from its competitors on multiple fronts. Our attorneys hail from top-tier law schools and boast extensive experience gained at some of the nation’s most esteemed firms. This background equips us to deliver unparalleled legal representation to both individual plaintiffs and small businesses, a caliber typically associated with larger corporations. Moreover, we:
- Prioritize client satisfaction above all else.
- Ensure that every client receives tailored attention and support throughout their legal journey.
- Stand ready to guide you through every step of the process and provide the assistance you need to overcome challenges with confidence.
Our Case Results
Here are a few of our most significant case results:
- Secured a monumental $852,000,000 global settlement against a College University.
- $617,600,000 global settlement against a College University.
- $490,000,000 global settlement against a College University.
- $100,000,000 settlement with a food delivery service.
- $9,000,000 settlement against a Food Manufacturer.
- $8,500,000 settlement from a National Clothing Retailer.
- $5,500,000 settlement from a Restaurant Chain.
- $5,000,000 settlement with a Grocery Store Chain.
- $4,750,000 settlement with a Fast Food Chain.
What is Independent Contractor Misclassification?
Independent contractor misclassification occurs when an employer incorrectly classifies a worker as an independent contractor rather than an employee. This misclassification deprives the worker of certain legal protections and benefits afforded to employees, such as minimum wage, overtime pay, unemployment insurance, workers’ compensation coverage, and various employment-related protections under state and federal laws.
The misclassification may occur due to misunderstandings of employment laws, intentional efforts to avoid legal obligations and costs associated with hiring employees, or other reasons. It is important to note that misclassification can have significant implications for both workers and employers, leading to potential legal disputes, financial liabilities, and regulatory penalties.
Who Should be Classified as an Independent Contractor?
In California, whether you should be classified as an independent contractor depends on various factors outlined in the state’s labor laws. Some key factors that determine independent contractor status include:
- Control over Work: If you have the right to control the manner and means of performing your work, you are more likely to be classified as an independent contractor. This means you can decide when, where, and how you complete your tasks.
- Independence: Independent contractors typically operate their own business separate from the entity they provide services to. This includes having your own business name, business license, and liability insurance.
- Multiple Clients: Independent contractors often provide services to multiple clients or businesses.
- Duration of Relationship: Independent contractor relationships are often project-based or temporary rather than ongoing or indefinite.
- Investment in Equipment or Tools: Independent contractors typically use their own equipment, tools, or resources to perform their work, rather than relying on the client’s resources.
It’s important to note that the classification of an independent contractor is based on the totality of the circumstances, and no single factor is determinative.
Signs that You Have Been Misclassified as an Independent Contractor
To determine if your employer has misclassified you as an independent contractor in California, consider the following factors:
Control Over Work
Assess whether you have control over how, when, and where you perform your work or are subject to the employer’s direction and control.
Integration into Business Operations
If you perform tasks similar to those of employees, work alongside employees, and are closely supervised by the employer, you may be misclassified.
Exclusive Work Arrangement
Consider whether you work exclusively for one employer or have the freedom to work for multiple clients.
Use of Employer’s Resources
If you primarily use tools, equipment, and resources provided by the employer.
Payment Structure
Examine how you are compensated for your work. Independent contractors typically invoice for services rendered or receive payment based on completed projects, whereas employees are typically paid a regular salary or hourly wage.
Permanency of Relationship
Consider the duration and permanency of your relationship, as employment relationships are typically ongoing and indefinite.
How an Independent Contractor Misclassification Lawyer Can Help
If you believe you have been misclassified as an independent contractor, a Los Angeles employment lawyer can provide invaluable assistance in several ways:
- Assessment of Your Classification: An employment lawyer can evaluate the details of your working relationship with your employer to determine whether you have been misclassified. They will examine factors such as your level of control over your work, integration into the employer’s business, payment structure, and other relevant considerations under California law.
- Legal Advice and Guidance: Your lawyer can explain your rights and legal options under California labor laws. They can advise you on the best course of action to address the misclassification and pursue remedies available to you.
- Demand Letters and Negotiations: Your lawyer can draft and send demand letters to your employer, outlining the misclassification issues and requesting corrective action, such as reclassification as an employee and payment of back wages or benefits. They can also engage in negotiations with your employer to seek a resolution without the need for litigation.
- Representation in Legal Proceedings: If negotiations fail to resolve the issue satisfactorily, your lawyer can represent you in legal proceedings, including filing a complaint with the California Labor Commissioner or pursuing a lawsuit in court. They will advocate for your rights and seek appropriate remedies on your behalf.
- Litigation Support: If your case proceeds to litigation, your lawyer will handle all aspects of the legal process, including preparing and filing legal documents, conducting discovery, representing you in court hearings, and advocating for your interests at trial.
- Maximization of Compensation: Your lawyer will work diligently to maximize the compensation you may be entitled to for damages resulting from misclassification, such as unpaid wages, overtime pay, benefits, and other relevant expenses.
- Protection Against Retaliation: If you are concerned about retaliation from your employer for challenging your misclassification, your lawyer can advise you on your rights and take steps to protect you.
Overall, hiring an experienced Los Angeles wrongful termination lawyer can significantly increase your chances of successfully challenging your misclassification as an independent contractor and obtaining the compensation and remedies you deserve under California law.
Take Action Today
If you suspect you have been misclassified as an independent contractor, contact Aegis Law Firm. Our Los Angeles Independent Contractor Misclassification Lawyer will listen to your concerns, evaluate your case, and help you understand your rights.
