Increasingly, employers in San Diego are hiring workers as independent contractors rather than employees. Hiring independent contractors enables employers to avoid payroll taxes, benefit costs, overtime, workers’ compensation insurance and other costs. However, misclassifying a worker as an independent contractor to avoid these costs is illegal. As a misclassified worker, you may have legal options.
If you have been denied employee benefits, overtime and other compensation because your employer has misclassified you as an independent contractor, employment law attorney Rick Aljabi offers a free initial consultation to discuss your case.
What Is an Independent Contractor?
The law differentiating between employees and independent contractors is complicated. The California Department of Industrial Relations (DLSE) will consider several factors, such as how your employer treats you.
The most important factor in determining whether you are an employee or an independent contractor is the right to control. If your employer requires you to be on site according to a regular schedule and gives you tasks to perform throughout that period, you should be classified as an employee and not an independent contractor.
The facts and circumstances of each case must be evaluated by an experienced lawyer. Even though you may have signed an independent contractor agreement, this is not controlling. The courts can set that agreement aside.