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California Employee Misclassification attorney
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California Employee Misclassification Lawyer
Have You Been Working Long Hours Without Receiving Overtime Pay? Are You Tired of Being Misclassified as an Employee?
Imagine finally being recognized as an employee and receiving back the tax money you have paid out of your pocket. With Goldberg & Loren on your side, you can stop worrying about being taken advantage of.
Contact our California employee misclassification lawyer today at (559) 603-8332 to schedule a free consultation. Don’t wait any longer – your time is valuable, and it’s time to fight back against employee misclassification.
What is Employee Misclassification?
Misclassifying employees as independent contractors allows employers to avoid paying certain taxes, providing benefits, and complying with labor laws and regulations.
Independent contractors are not entitled to minimum wage, overtime pay, rest breaks, and meal breaks, among other employee protections. They also do not receive benefits such as health insurance, paid time off, and retirement plans.
Employment status classification is determined by various factors, including the degree of control an employer has over the worker, the worker’s independence, and the nature of the work performed. However, some employers misclassify workers intentionally to save costs and avoid legal obligations.
Employee misclassification also impacts the government and taxpayers. When workers are misclassified, employers avoid paying their share of payroll taxes, including Social Security, Medicare, and unemployment insurance. This shifts the burden onto the contractor and off of the employer.
Types of Employment Status's in California
Employee
The most common employment status is being classified as an employee. Employees work for an employer under a contract of employment, either written or oral, and receive regular wages or salary.
An employee is entitled to certain legal protections and benefits, such as minimum wage, rest breaks, overtime pay, and access to employer-provided benefits like healthcare and retirement plans.
Independent Contractor
Independent contractors are self-employed individuals who provide services to clients or companies under a contract. They are often paid on a project basis or according to the terms of their contract.
They are not entitled to the same benefits as employees and are responsible for their own taxes and insurance. Misclassification as an independent contractor when you should be classified as an employee is an injustice that our misclassification lawyers would like to help rectify. [1]
Temporary and Seasonal Workers
Temporary and seasonal workers are hired for a specific period of time or to cover a temporary need, such as peak periods or special projects. They may be employees or independent contractors, depending on the nature of their employment. Temporary and seasonal workers are entitled to certain labor protections, but their benefits and employment terms may differ from those of regular employees.
Interns and Trainees
Interns and trainees are individuals who work for a specific period to gain experience or training in a particular field. In most cases, they are not considered employees and are not entitled to the same protections and benefits.
However, internships should comply with the legal requirements, such as providing educational and training opportunities rather than just providing free labor.
Freelancers and Gig Workers
With the rise of the gig economy, more workers are taking on freelance or gig work. These individuals often work on a project-by-project basis and have more flexibility in choosing their assignments and schedule. Freelancers and gig workers are typically independent contractors and are responsible for their own taxes, insurance, and benefits.
Consequences of Misclassifying Employees in California
One of the major consequences of misclassifying employees is the obligation to pay them minimum wage. California has a minimum wage that employers must adhere to, and misclassifying employees as independent contractors exempts employers from this requirement.
If it is determined that misclassification has occurred, the employer may be liable for back wages, including unpaid minimum wage, as well as potential penalties and interest.
In addition to minimum wage, misclassified employees are entitled to overtime pay. Under California law, non-exempt employees who work more than 40 hours in a workweek or more than eight hours in a workday are entitled to overtime compensation.
Misclassification can result in the denial of employee benefits such as healthcare, retirement plans, and other employer-provided benefits. Employers who misclassify employees may be held responsible for providing these benefits retroactively, along with any associated costs or penalties.
Misclassification also affects the payment of payroll taxes and the contribution to unemployment insurance. Employers are required to withhold payroll taxes and pay into the state’s unemployment insurance fund for their employees. By misclassifying employees as independent contractors, employers may avoid these obligations, which can lead to penalties and legal consequences.
How a California Employee Misclassification Lawyer Can Help
Our California employee misclassification lawyer will help you seek compensation for benefits and protections that you may have been wrongfully denied. This can include rest breaks, meal breaks, healthcare benefits, retirement plans, and other employer-provided benefits.
Our employee misclassification lawyers work on a contingency fee basis. This means that we only get paid if we successfully recover compensation for you. This arrangement can provide you with the opportunity to seek justice without any upfront costs.
Have You Been Misclassified as an Employee in California?
Contact Goldberg & Loren today to schedule a free consultation with one of our experienced misclassification lawyers. Don’t let your employer deny you the rights you deserve. Take action now and reclaim what is rightfully yours.
Source:
[1] Labor Standards Enforcement, D. O., & California, S. O. (2023, January 1). Independent contractors. Independent Contractors. https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
When it comes to employment misclassification issues in California, our experienced team of lawyers is well-versed in the complexities of the law and can provide you with expert guidance. Whether you're an employee or an employer, we can help navigate the legal landscape and ensure compliance. Don't hesitate to reach out today and let us assist you in finding the answers you need.
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