Independent Contractor lawyers
Independent Contractor LAWSUITS
INDEPENDENT CONTRACTOR RIGHTS
It may not seem like there is a huge difference between an independent contractor and a regular employee, but the biggest factors that separate the two are: whether your employer is required to pay you overtime; provide meal and rest breaks; provide benefits, social security, and workers’ compensation; and meet other labor standards required under California law.
Employers can financially benefit from miscategorizing employees as independent contractors, so it is important to understand your rights and whether you are being misclassified, and not being paid your full work wages and benefits as a result.
CALIFORNIA INDEPENDENT CONTRACTOR LAW
A 2018 California Supreme Court Case, Dynamex Operations West Inc. v. Superior Court, clarified a further distinction between independent contractors and employees. Prior to this case, to determine employment classification, California law had analyzed how the business controlled the work that the employee performed. AB5 codified this law.
Now, in order for a worker to be classified as an independent contractor, a business must show that:
- The worker is free from the control and direction of the employer
- The worker performs work that is outside the hirer’s core business
- The worker engages in an independently established trade, occupation, or business
You’ll be surprised by the difference a call can make