Los Angeles Salary and Independent Contractor Misclassification Lawyer
An employee’s rights to benefits and job protections, like overtime pay, leave, and benefits, is dependent upon whether they are a salaried employee or an independent contractor. When an employer misclassifies workers, employees may suffer financially due to missing out on wages and benefits.
If you suspect your employer misclassified you as a salaried employee or independent contractor, take action right away. You could be entitled to compensation for unpaid wages, benefits, and other damages. Reach out to a Los Angeles salary and independent contractor misclassification lawyer. At Levin & Nalbandyan Trial Lawyers, our employment attorneys are dedicated to securing the compensation you deserve and will fight hard for you.
Salaried Employee vs. Independent Contractor
Employees can usually be categorized as either a salaried employee or an independent contractor. There are differing benefits, legal protections, and tax implications for each type of employment. When an employer misclassifies an employee’s type of employment, a worker could be denied a benefit, wage, or protection that is actually owed to them.
Independent contractors are not granted the same legal protections and benefits as salaried employees are. An independent contractor is not entitled to job-related benefits like overtime pay, health or unemployment insurance, job-protected leave, workers’ compensation benefits, employer tax contributions, and more.
Salaried employees can be categorized as either exempt or non-exempt. Exempt employees are not awarded benefits like overtime pay and other legal protections but must meet an earning requirement and have job responsibilities that are mostly executive or professional. Non-exempt, on the other hand, are paid on an hourly basis and are entitled to breaks, overtime pay, and other benefits. An attorney in Los Angeles could help determine if a person was misclassified as a salaried employee or independent contractor.
Signs an Employee Might be Misclassified
If a worker is questioning whether their employment type might be misclassified, something probably feels off or unfair. A few examples of circumstances that indicate an employee’s employment is misclassified include:
- A worker was hired as an independent contractor but is required to follow strict schedules and instructions
- A salaried employee’s primary duties do not meet the criteria for exempt employment
- A worker does the same exact work as other employees classified as non-exempt, but they do not receive overtime pay or insurance benefits
California’s ABC Test for Worker Misclassification
Assembly Bill 5 expanded the California Labor Code § 2750.3, building upon the state’s Supreme Court decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County. The new test operates under the presumption that workers are employees unless the criteria of the ABC Test is met, classifying the worker as an independent contractor.
The test has three parts. To establish a worker as an independent contractor:
- A) the worker must be free from the control of the employer
- B) the worker must do work outside of the typical course of the employer’s business;
- C) the worker is customarily engaged in an independently established trade, occupation, or business
A salary and independent contractor misclassification lawyer in Los Angeles understands this test and could apply it in a case.
Call a Los Angeles Attorney for Assistance with Salary and Independent Contract Misclassification
If you believe your employer has failed to lawfully and accurately classify your pay and employment, contact a Los Angeles salary and independent contractor misclassification lawyer. When an employer does this, whether purposely or accidentally, it can negatively impact employees on a professional level, as well as their financial health.
Our team of trained lawyers is committed to fighting for your rights and holding violating employers accountable. Call us today for a consultation where we will listen to your situation, determine whether there was a misclassification, help you with documentation, and advocate for your best interest. Our lawyers could help you build a strong case and seek recovery for unpaid wages and benefits.
