Employee Misclassification: Protecting California Workers’ Rights

At Gruzen Moussly Law, we are dedicated to protecting the rights of California workers who have been misclassified as independent contractors. Employee misclassification is a serious issue that deprives workers of essential benefits, protections, and rights afforded to employees under state and federal law. Our firm is committed to helping misclassified workers assert their rights and obtain the benefits and protections they deserve.

Employee misclassification occurs when an employer incorrectly categorizes a worker as an independent contractor rather than an employee. This practice allows employers to avoid providing benefits such as minimum wage, overtime pay, meal and rest breaks, workers’ compensation, unemployment insurance, and various other legal protections.

California law now uses the “ABC test” to determine whether a worker should be classified as an employee or an independent contractor. Under this test, a worker is considered an employee unless the hiring entity can prove all three of the following conditions: (A) The worker is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract and in fact; (B) The worker performs work that is outside the usual course of the hiring entity’s business; and (C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

If you believe you have been misclassified as an independent contractor, it’s crucial to understand your rights. Misclassified workers may be entitled to back pay, overtime compensation, reimbursement for business expenses, and various benefits that were wrongfully withheld. At Gruzen Moussly Law, our experienced employment attorneys can help you navigate the complex landscape of worker classification laws, evaluate your situation, and fight for your rights as an employee.

Don’t let misclassification deprive you of your hard-earned benefits and protections. Contact Gruzen Moussly Law today to learn how we can help you assert your rights and secure the employment status and benefits you deserve. Together, we can combat worker misclassification and ensure fair treatment for all California workers.