Employee Misclassification
Employee misclassification is closely associated with wage and hour disputes in employment law. In fact, many wage and hour disputes originate from employee misclassifications. While this can happen in a variety of scenarios, many employees are incorrectly classified as independent contractors, in turn affecting the benefits they receive such as overtime pay and minimum wage. It is important that employees are informed of their rights and are fairly compensated for their work.
Here are some of the factors that dictate worker classification:
- Provision of Tools and Materials
- Degree of Independence
- Method of Compensation
- Control Over Working Conditions
- Permanency of the Relationship
Your Misclassification Attorney
Ward Lott is a dedicated and experienced employee misclassification attorney supporting employees who have faced adverse actions. Lott Law can help employees understand their legal rights and seek justice. To learn more about the California legal code and how Lott Law can help you contact us today.
Q: Am I An Independent Contractor Or An Employee?
Employee Misclassification – California Labor Code 226.8
This willful misclassification of employees as independent contractors is unlawful and detrimental to the employer and employee. Under what is called the “ABC Test” a worker is considered an employee and not an independent contractor unless the hiring entity satisfies the following three conditions:
- The worker has the freedom to perform work without control or direction by the hiring entity.
- The worker performs work outside the usual course of the hiring entity’s business.
- The worker is typically involved in an independently established trade, occupation, or business similar to the work they perform.
Q: What Is The Impact Of Being Misclassified?
Misclassification, intentional or not, is a form of worker exploitation that can prevent workers from receiving fair compensation. Here are some common instances of benefits misclassified employees may not receive:
- Disqualification From Meal and Rest Breaks
- Unable to Receive Overtime Pay
- Un-Reliable Paycheck
- Unemployment Insurance
- Paid Time Off
- Healthcare
- Retirement
Q: What Damages Can I Recover If I Have Been Misclassified?
Misclassified employees can recover monetary damages including:
- Lost Wages – Minimum wage, Overtime and Premium Pay
- Unpaid Benefits – Vacation Pay, Paid Time-Off and Paid Sick Leave
In addition, a misclassified employee can also bring an action for injunctive relief to prevent continued misclassification.
Contact A Misclassification Lawyer Today
To learn more about the nuances of employee misclassification, Contact Lott Law. Lott Law is a valuable ally who will work to protect your rights and pursue justice.
