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Independent Contractor

Independent Contractor LAWSUITS

Employers can improperly designate their workers as independent contractors or contract workers in order to avoid paying them wages and benefits that are required to be paid to employees under California law. If you believe this is happening to you, contact PARRIS work lawyers for a free case consultation today.

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.

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

CONTACT PARRIS WORK LAWYERS

Under this analysis, most gig economy employers are misclassifying their contract workers as independent contractors. For example, a ride-sharing company (whose primary service is to provide car drivers to the public) that employs drivers on an independent contractor basis is misclassifying their drivers because they do not perform work that is outside of the ride-sharing company’s core business.

PARRIS work lawyers regularly represent independent contractors against their employers to fight for their rights and wages accorded under California law. We’ve recovered over $500 million for employees in employment cases over the last 30 years. Contact PARRIS today for a free independent contractor case evaluation.

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