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California employment law

Independent Contractor Misclassification.

Calling a worker a contractor doesn't make it true.

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Independent Contractor Misclassification

How California law protects you.

Calling a worker a contractor doesn't make it true. Under California's ABC test, most workers are employees — entitled to minimum wage, overtime, breaks, expense reimbursement and workers' compensation, no matter what the contract or the 1099 says.

These cases are evaluated and handled personally by the firm's attorney, and the consultation costs nothing. Talk to a lawyer before you sign anything or resign.

What we look at in a independent contractor misclassification case

  • ABC test applied: control, usual course of business, independent trade
  • Unreimbursed expenses — mileage, phone, tools — recovered under Labor Code 2802
  • Gig, delivery, trucking, construction and salon workers commonly misclassified
  • Full employee-benefit recalculation once status is corrected
Workplace

Common questions

Independent Contractor Misclassification questions.

What will this cost me?

The consultation is free and confidential. Most matters like this are handled on contingency or under fee-shifting statutes that put the fees on the employer when you prevail.

Will my employer find out I called?

Not from us. The consultation is confidential, and deciding to learn your rights is not something your employer is told about.

How long do I have?

Deadlines vary by claim — some are years, some are months. The safest answer is always the same: ask now, while evidence and memories are fresh.

Confidential consultation

Tell us what is happening at work.

The consultation is free, confidential, and carries no obligation. If there is no claim worth bringing, you will be told that plainly, and if another firm is a better fit for your matter, you will be told that too.

  • No fee unless you recover on injury and lemon law matters.
  • Direct attorney access from the first call to the last signature.
  • Se habla español. Consultations available in Spanish.
  • If a deadline is close, call (310) 598-9614 rather than emailing. Some California deadlines are as short as six months.

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