Have you been denied wages, overtime, or benefits because your employer classified you incorrectly? Our team of attorneys at Employment Rights Lawyers, APC helps California workers understand their rights and pursue fair treatment.
What Is Worker Misclassification?
Worker misclassification occurs when an employer improperly classifies a worker in a way that denies them rights and protections guaranteed under California law. This can happen when an employee is treated as an independent contractor instead of a W-2 employee, or when a non-exempt employee is incorrectly classified as exempt. Misclassification can affect wages, overtime pay, meal and rest breaks, expense reimbursement, payroll taxes, and other important workplace protections.
At Employment Rights Lawyers, APC, our team of attorneys helps employees determine whether their classification complies with California law. We evaluate job duties, pay structures, workplace expectations, and employer practices to identify potential violations. If you have been misclassified, we can explain your rights, assess the strength of your claim, and pursue the best possible outcome on your behalf.
Types of Worker Misclassification
That Employees Face
Independent Contractor Misclassification (1099 vs. W-2)
California law presumes that workers are employees rather than independent contractors. Under Assembly Bill 5, employers must satisfy California’s ABC test to classify a worker as an independent contractor. The law was enacted to prevent businesses from avoiding payroll taxes, overtime obligations, meal and rest break requirements, reimbursement of business expenses, and other employee protections.
Under the ABC test, an employer must prove that the worker is free from the employer’s direction and control, performs work outside the employer’s usual course of business, and is customarily engaged in an independently established trade or business. If the employer cannot satisfy even one part of the test, the worker may qualify as a W-2 employee and may be entitled to significant workplace protections.
Examples of independent contractor misclassification include:
- Working under the employer’s direction and control while receiving a 1099
- Performing work that is part of the employer’s regular business operations
- Following company schedules, policies, and procedures as a purported contractor
- Being denied overtime, meal breaks, and rest breaks through contractor classification
- Using personal equipment or resources without reimbursement
- Performing the same work as W-2 employees while classified as an independent contractor
Exempt Employee Misclassification (Exempt vs. Non-Exempt)
California law presumes that employees are non-exempt, meaning they are entitled to overtime pay, meal periods, rest breaks, itemized wage statements, and other wage-and-hour protections. Employers bear the burden of proving that an employee qualifies for an exemption. Unfortunately, some employers incorrectly classify workers as exempt to avoid paying overtime or complying with labor law.
The most common exemptions are the executive, administrative, and professional exemptions. Each exemption has requirements relating to an employee’s actual job duties, level of authority, exercise of independent judgment, and salary. Simply paying an employee a salary or giving them a title such as “manager” does not make them exempt. When workers are improperly classified as exempt, they may have claims for unpaid overtime, missed meal and rest breaks, and other wage-and-hour violations.
Examples of exempt employee misclassification include:
- Receiving a manager title without genuine managerial authority
- Performing non-managerial duties primarily despite being classified as exempt
- Earning a salary that does not satisfy California exemption requirements
- Being denied overtime despite spending most work hours on non-exempt tasks
- Performing routine administrative work without sufficient independent judgment
- Being classified as exempt solely because of salary status rather than actual job duties
Why Choose Employment Rights Lawyers, APC,
for Your Worker Misclassification Case?
Worker misclassification cases often require a detailed analysis of California employment laws, wage-and-hour regulations, and the realities of your day-to-day duties. Our team of attorneys at Employment Rights Lawyers, APC, specializes in representing employees and understands how employers attempt to avoid their legal obligations. We provide direct access to our legal team and are prepared to pursue your case aggressively while seeking the best possible outcome.
Do You Have a Viable Worker Misclassification Claim? Or Is It Just Unfair?
Not every disagreement about your job title, pay structure, or employment status violates California law. The key question is whether your employer’s classification complies with legal requirements and whether that classification has deprived you of workplace protections.
FAQ
What Can I Do if I Believe I've Been Misclassified?
If you believe your employer has classified you incorrectly, start by gathering any documents that may help establish the true nature of your work. Pay stubs, employment agreements, job descriptions, schedules, emails, performance reviews, and communications about your duties can all provide valuable evidence. Keep in mind that a job title, salary, or 1099 form does not automatically determine whether your classification is lawful under California law.
You do not have to figure out the legal complexities on your own. Our team of attorneys can evaluate your employment status, analyze your actual job duties, and determine whether your employer has complied with California’s classification requirements. If violations have occurred, we can explain your options and pursue the best possible outcome on your behalf.
Contact Us for a Free
(And Confidential) Consultation
If you believe your employer has misclassified you as an independent contractor or exempt employee, contact Employment Rights Lawyers, APC. Our team of attorneys can review your situation, explain your rights, and help you determine whether you may have a viable claim.
