Do I Have A Case?

Please leave this field empty.

(213) 232-3128
Toll Free: 844-PAY-WAGE

Click Here For Free Consultation

Moon and Yang Professional Corporation

Misclassification of Independent Contractors

“The misclassification of employees as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers, and to the entire economy,” the U.S. Department of Labor states on its website. Just some of the reasons that the misclassification of independent contractors is so problematic are that it can lead to:

  • This misclassification of independent contractors can deprive workers of essential benefits and protections. Contact us for help if you’ve been misclassified as an independent contractor.

    This misclassification of independent contractors can deprive workers of essential benefits and protections. Contact us for help if you’ve been misclassified as an independent contractor.

    Employees being denied access to essential benefits and protections, including overtime, minimum wage protections, unemployment insurance coverage, and family and medical leave

  • Significant losses to Social Security, Medicare and workers’ compensation funds (just to name a few).

At Moon & Yang, our experienced Los Angeles employment attorneys understand how substantial the impacts of the misclassification of independent contractors can be. That’s why we are here to:

  • Advocate workers’ rights
  • Help them hold their employers responsible for misclassifying them as independent contractors
  • Help them obtain the compensation and justice they likely deserve.

Misclassification of Independent Contractors: The Costs

According to the California Department of Industrial Relations (DIR), the misclassification of independent contractors:

  • Has been on the rise over the past 20 or so years
  • Costs the state of California about $7 billion annually in lost payroll tax revenues
  • Increases the reliance on the public safety net (of government assistance).

When employers in California willfully misclassify workers as independent contractors, they can be fined up to $25,000 per violation, according to California law.

Misclassification of Independent Contractors: The Signs of Misclassification

If you are an independent contractor in California, some of the indications that you may have been misclassified can include that:

  • An employer controls how you complete your job, and/or you work under supervision.
  • You can be fired (or quit) without cause or notice.
  • You continue to work for an employer month after month (or year after year), rather than working only until a specific assignment, job or contract ends.
  • You have to complete your assigned tasks, rather than hiring assistants or other workers to complete them.
  • Your work is coordinated with other employees and must be completed for the success of the business operations.
  • Your employer sets your schedule, and/or you must work at the employer’s place of business or some other location designated by the employer.

Here, it should be noted that:

  • The above points are not the only possible signs of the misclassification of independent contractors.
  • If one or more of the above signs of the misclassification of independent contractors applies to you and your situation, don’t hesitate to contact Moon & Yang for a case evaluation and professional advice regarding your best options for proceeding with a wage claim.

Los Angeles Employment Attorneys at Moon and Yang Professional Corporation

Have you been misclassified as an independent contractor? If so, you can turn to the trusted Los Angeles employment attorneys at the Moon and Yang Professional Corporation for effective legal advocacy in your pursuit of justice. At Moon & Yang, our lawyers are strongly committed to our clients and bring substantial experience, legal knowledge and effective resources to both simple and complex legal matters.

When you trust your case to our highly skilled attorneys, you can be confident that you will be receiving unparalleled legal services, including responsive, personalized service and regular case updates, as well as dedicated help pursuing financial recovery.