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Independent Contractor Lawyer

An independent contractor is a worker who provides services to a company or individual but is not considered an employee.


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When Does a Worker Become an Independent Contractor?

Many businesses refer to their staff as “independent contractors” when they are actually employees. The way we view labor is changing as a result of technological advancements, and there appears to be a trend toward misclassifying workers as independent contractors.

  • Under the terms of the contract for the performance of such work and in practice, the worker is not subject to the control or direction of the hirer in connection with the performance of the work.
  • The employee works on a project that is not part of the regular operations of the company that hired them.
  • The work performed for the employer is consistent with the worker's customary activities in an independently established trade, occupation, or business.

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What's The Difference Between An Employee And A Contractor?

Employees are protected by California’s wage and hour rules (e.g., minimum pay, overtime, meal times, and rest breaks), workplace safety standards, and retaliation laws, whereas independent contractors are not. Additionally, workers can seek enforcement of these regulations through state agencies such as the Employment Commissioner’s Office, whereas independent contractors must resolve their issues or defend their contract rights in other ways.

Employers frequently misclassify workers for malicious reasons, such as avoiding paying workers’ compensation, avoiding paying the employer’s portion of the workers’ payroll tax, avoiding paying minimum wage and providing lawful meal and rest intervals, and avoiding paying minimum and overtime salaries. Employee misclassification is prohibited and bears severe consequences.

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Identifying independent contractor misclassification in California can be challenging because it requires a thorough analysis of the worker’s job duties, the relationship between the worker and the company, and the specific laws that apply to the situation.

You might want to consult a lawyer who focuses their practice on labor and employment law if you have reason to believe that an employee has been incorrectly classified as an independent contractor. We can help you choose from among the various legal options that are open to you.


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Misclassification of Independent Contractors

There are several common factors that can indicate that a worker has been misclassified as an independent contractor:

Understand the ABC Test: California uses the ABC test to determine whether a worker is an independent contractor or an employee. The test assumes that a worker is an employee unless the employer can prove that the worker meets all three of the following criteria:

  • A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
  • B: The worker performs work that is outside the usual course of the hiring entity's business.
  • C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.

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How To Find the Best Independent Contractor Attorney in California?

To find the best independent contractor attorney in California, you can start by researching attorneys who specialize in employment law or specifically in independent contractor misclassification cases. Look for attorneys with experience and a track record of success in handling cases similar to yours. You can also seek referrals from friends or colleagues who may have worked with employment attorneys in the past. Once you have identified potential attorneys, schedule consultations to discuss your case and evaluate their experience, knowledge, and communication skills. It is important to find an attorney who you feel comfortable working with and who will advocate for your rights and interests in your independent contractor case.


Employment Rights Attorneys in LA

We are committed to standing up for the rights of all workers, whether blue or white-collar, and we are ready to put our extensive resources to work for you to help you get the compensation and justice you deserve if you have been wronged on the job. Do not hesitate to get in touch with us.

Sexual Harassment

Harassment on the basis of a person's refusal to engage in sexual activity can take many forms, ranging from unwanted sexual advances to the denial of employment opportunities.

Whistleblower Retaliation

Whistleblowers are employees who report the unlawful actions of their employer to the proper authorities. Whistleblowers are legally protected from employer retaliation..


Were you illegally discriminated against at work based on your age, race, religion, or gender? Were you denied a promotion or fired based on these factors?

(FMLA) & Disability

We assist workers who have been mistreated because of their disabilities or denied leave under the FMLA. Meet with our attorneys today if you need help..

Wrongful Termination

We hold employers accountable who fire employees for illegitimate and illegal reasons. Contact us whether your employer created a hostile work environment or fired you..

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Frequently Asked Questions

A: Age discrimination is treating an individual unfairly or differently because of their age. This can include denying employment, promotions, or training opportunities based on age.

A: In the United States, the Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals who are 40 years of age or older. Some states may have additional laws protecting against age discrimination.

A: Yes, age discrimination can occur during any stage of the employment process, including hiring. For example, an employer may choose not to hire someone based solely on their age, even if they are otherwise qualified for the position.

A: If you believe you have been a victim of age discrimination, you should speak with an employment lawyer or file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of discrimination and may take legal action against employers who violate anti-discrimination laws.

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Lisa B.
Lisa B.
From beginning to end the team at this firm were responsive, professional, and most of allCARING! I WILL RECOMMEND this firm to anyone having issues with an employer. Andrew Doroitt and his team are AWESOME!
Miguel C.
Miguel C.
Atty Zelma is very helpful and very knowledgeable in labor disputes. Very approachable and really keep me updated of what is going on and guided me what to do. The support staff were also very helpful and very fast in answering your questions. I am very happy of my case and I would recommend him to colleagues and friends.
Pamela R.
Pamela R.
I highly recommend southern California labor law group especially attorney Michael Zelman he was fantastic in handling my case of unlawful termination his staff of Paralegal's were very kind courteous and professional and handling all matters of my case I was very satisfied with the results achieved using Michael Zelman of Southern California Employment Law Group
Chris M.
Chris M.
Michael and Eric represented me in 2017.  They quickly assimilated the details of my case.  Proposed an action plan and acted quickly to make progress.  They were diligent and creative.  I was impressed.  I recommend them without hesitation.

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