Employee Misclassification

Los Angeles Employee Misclassification Lawyers

Keeping Employers Honest

As an employee, making sure your classification is correct is crucial if you wish to receive the pay and benefits you rightfully deserve. Some employees spend months or even years at their workplace before they realize their employers have misclassified their status to avoid giving them their entitled protections.

If you’ve been misclassified and have suffered damages or losses as a result, you can turn to the caring and professional Los Angeles employee misclassification lawyers at the Barkhordarian Law Firm. We can sit down with you in a free, no-obligation consultation to learn whether you’re eligible to file a claim against your employer and get the compensation you’re owed. Having been handling complex employment law cases since 2012, we make sure no stone is left unturned in our mission to seek justice for our clients throughout the Greater Los Angeles area.

What is Employee Misclassification?

Employee misclassification occurs when an employer misclassifies an employee’s status to deny them access to protections and benefits, such as minimum wage, overtime compensation, unemployment insurance, family and medical leave, and more. Under California law, this typically occurs when employers classify employees as independent contractors, as this classification doesn’t receive the protections that regular employees are entitled to.

Employee vs. Independent Contractor Tests

Independent contractors are generally individuals who work with more than one employer or have their own business. California determines whether you’re an independent contractor or employee through two main tests: the ABC test and the Borello test.

The ABC Test

The ABC test, which is the default test, provides a few stipulations for independent contractors. As a worker, if you’re free from the control of the hiring entity in connection with your work performance, perform work outside the “usual course” of the hiring entity’s business, and are engaged in an independently established occupation or business, you’re an independent contractor. If just one of these is false, you’re an employee.

The Borello Test

Under the Borello test, you may be able to determine whether you’re an independent contractor or employee if you’re a doctor, accountant, lawyer, architect, engineer, insurance broker, salesperson, or one of their listed professions.

Some of the following questions are asked in this test to determine your status:

• Does the business provide you with tools or equipment, or are you expected to provide your own?
• How long is the service you’re providing expected to last?
• How are you being paid?
• Is the type of work you do different than the work the business hiring you does?

It’s worth noting that some of the most commonly abused employees include construction workers, gig workers, tipped employees, IT workers, and customer service workers. If you’re one of these types of workers, you’re not alone—our team has helped countless clients like you and is here to tell you that you don’t deserve to be mistreated in this way.

Knowing Your Employee Rights

Though it’s possible for employers to misclassify their employees because they’re unfamiliar with the way the law works, many intentionally do it to avoid giving their workers benefits. Employers in California are expected to pay for workers’ comp insurance, employment taxes, and unemployment insurance, and all of this can be avoided when they classify workers as independent contractors.

It’s important to know your rights under the California Labor Code, as well as the California and Family Medical Rights Act and Fair Employment and Housing Act. If you’re an employee, you’re entitled to basic protections such as:

• State or local minimum wage
• Overtime pay
• Meal and rest breaks
• Paid sick leave
• Freedom from discrimination based on gender, age, race, ethnicity, and more
• Protected maternity and paternity leave
• Reimbursement for expenses incurred on the job
• Accommodations for disabilities

It’s less expensive for employers to classify their workers as contractors, but this is wrong and a direct violation of your employee rights. You need to hire a law firm that has gone up against countless employers before and isn’t afraid to hold companies and entities accountable for their wrongdoings.

Damages Employees Can Recover

If you can prove you were misclassified in a claim, you have the potential to recover damages for your stolen wages and reimbursements, as well as penalties your employer is facing and interest. California grants many protections to its employees, so you may be able to obtain more compensation than you’d think with our help.

Our lawyers can help you recover the following when we file a claim:

• Unpaid state or local minimum wages
• Reimbursement for expenses like miles driven, phone bills, and more
• Unpaid overtime wages
• Penalties for failure to pay overtime
• Penalties for failing to be notified of paid sick leave rights
• Lost back pay (if you were retaliated or discriminated against)

In rare cases, employees can be awarded punitive damages. Allow us to take a look at your situation and determine the best course of action on your behalf. Having handled countless employer and employee disputes before, we know how to get you the results you deserve.