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