Misclassification of Employees

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Have you been doing work for an employer that attempts to control your activities, but still classifies you as an independent contractor?

Employee classification affects factors such as whether you are paid overtime and how you pay taxes. Contact our Santa Monica employee misclassification lawyers today, to discuss your situation in a free and confidential consultation.

Misclassification of Employees as Independent Contractors

To determine whether you are an independent contractor or an employee, our experienced wage and hour dispute attorneys will consider these categories of factors outlined by the Employment Development Department (EDD):

  • Behavioral control — the employer's right to "direct and control how the worker performs the task"
  • Financial Control — the employer's right to "control the business aspects of the worker's job"
  • Relationship of the Parties — the type of relationship between the employer and the worker

Employers may classify their employees as independent contractors to avoid paying benefits and workers' compensation, as well as taxes on their employees' behalf. Employment misclassification causes hardworking Californians to pay more taxes than they should.

Independent contractors are required to file a Form 1099; this allows them to write off expenses, decreasing the higher amount of taxes they owe.

The idea behind filing a 1099 is that the independent contractor is his or her own boss and so has a lot of the same expenses as an employer would, such as office overhead. When they are really treated as regular employees, they have fewer expenses to write off. On top of that, they must pay for their own health care benefits and insurance to cover costs if they are injured while working.

At the Santa Monica Law Offices of Lisa L. Maki, our team of experienced employment law attorneys can offer sound legal advice and skillful advocacy in employee misclassification disputes throughout California.

Contact a Santa Monica Independent Contractor Lawyer Today!

Our attorneys take action on behalf of employees who have been misclassified as independent contractors or managers in order for their employer to avoid paying required overtime and other benefits.

Please call our Santa Monica offices at 213.745.9511 or toll free at 800.379.7223 or contact our Santa Monica independent contractor attorneys online now to schedule an appointment to discuss your case. Se habla español.