Missclassification As An Independent Contractor
California has adopted a three-part test known as the “ABC” test for distinguishing between employees protected by the Labor Code as opposed to independent contractors that work outside those protections. See Dynamex Operations W., Inc. v Superior Court (2018) 4 C5th. Under the “ABC” test, a person providing labor or services is presumed to be an employee, shifting the burden to the employer to establish the worked is an independent contractor not covered by the Labor Code.To meet this burden, the employer must establish the following elements:
- The person is free from the employer’s control and direction in connection with the performance of the work, both under the contract for the performance and in fact;
- The person is engaged in work that is outside the course of the employer’s business;
- The person is customarily engaged in an independently established trade, occupation, or business as the same nature as the work performed.
It is important to note that there are several exceptions to the “ABC” test. Since misclassification is one of the most complex areas of California’s labor law, it is advisable to speak with a Los Angeles independent contractor attorney if you feel like you are being misclassified.
Misclassification is often an intentional act on the part of the employer to avoid providing employees with benefits such as overtime compensation, meal and rest periods, and reimbursement expenses.
An employer that fails to properly classify an employee may be subject to liability for failing to pay minimum wage, overtime pay, missed meal periods and rest periods, reimbursement of expenses, and/or failing to withhold income taxes.
If you believe your employer misclassified you as an independent contractor, you may be entitled to compensation. Our firm is committed to helping you evaluate your options and obtaining the highest recovery.
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