Employee Misclassification Implications

At Gruzen Moussly Law, we understand the significance of proper worker classification and the implications it holds for employees’ rights and protections. In California, distinguishing between employees and independent contractors is paramount, and misclassification can have serious consequences for workers. As a plaintiff employment law firm, we are committed to advocating for workers who have been misclassified and seeking justice on their behalf.

Legal Distinctions between Employees and Independent Contractors: California law employs various criteria to differentiate between employees and independent contractors. While employees typically work under the control and direction of an employer, independent contractors have more autonomy over how, when, and where they perform their work. Factors such as the level of control exerted by the employer, the nature of the work performed, and the degree of independence of the worker are all considered in determining classification.

Consequences of Misclassification: Misclassifying workers as independent contractors when they should be classified as employees can result in significant liabilities for employers. Employers may be held accountable for unpaid wages, overtime pay, meal and rest breaks, and other benefits and protections afforded to employees under California labor laws. Additionally, misclassified workers may be deprived of crucial rights, such as workers’ compensation coverage, unemployment insurance, and protections against discrimination and retaliation.

How We Can Help You: If you believe you have been misclassified as an independent contractor, our experienced attorneys can assess your situation and determine the best course of action to protect your rights. We can:

Conduct a thorough evaluation of your employment relationship and the factors relevant to worker classification.

Advocate on your behalf to recover unpaid wages, overtime pay, and other benefits and protections to which you may be entitled as an employee.

Pursue legal action against employers who have unlawfully misclassified workers and seek compensation for any damages suffered as a result.

At Gruzen Moussly Law, we are committed to ensuring that workers receive fair treatment and proper classification under California law. Contact us today for a confidential consultation to discuss your case and learn how we can help you assert your rights as an employee.