Independent Contractor Lawyers
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 your contract worker rights are being violated, 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. Legally, however, there are a host of differences between the two, including 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, thus denying misclassified employees overtime, breaks, benefits and more. It is crucial to understand your rights as a California employee so that you don’t get misclassified.
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