Los Angeles Misclassification Lawyer
Too often employers will classify their workers as independent contractors rather than as actual employees.
Too often employers will classify their workers as independent contractors rather than as actual employees.
In 2018, the California Supreme Court, in Dynamex Operations West, Inc. v. Superior Court, clarified the standard to determine whether an individual is an employee or whether they are independent contractors. In doing so, the Court created a presumption that employees are not independent contractors unless the “ABC” test is met. In other words, it is the employer’s job to prove that an individual is an independent contractor. The following test must be met:
If ANY of the above three factors are not met, then your employer has failed to show that you are an independent contractor. A misclassification lawyer will help you prove that you were entitled to wages you should have received if you have met these factors.
There are a couple of remedies available to those who have wrongly been misclassified as an independent contractor when they should have been classified as an employee. Compensatory Damages: this means that the misclassified employee is entitled to the wages and overtime pay he or she should have been entitled to had the employee been properly classified.
Labor Code section 226: under this section, if your employer misclassifies you, your wage statements are in essence inaccurate. Subsection (e) of Labor Code section 226 states that “an employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees.” Therefore, the employee can recover up to $4,000 in penalties on top of the overtime pay they were entitled to, plus attorney’s fees.
Labor Code section 226.8: it is illegal for your employer to willfully, or intentionally, misclassify you as an independent contractor. If he or she knows that you should not be classified as an independent contractor but still does so, you may be entitled to statutory fees. For example, Labor Code section 226.8(c) states that “the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.” In other words, the employer who is found to violate section 226.8 is subject to a fine of $10,000 to $25,000.
Labor Code section 2753: under this section, those who assist an employer in willfully misclassifying an employer as an independent contractor may be liable jointly and severally liable.
The misclassification lawyers at Miracle Mile Law Group are specially trained in handling misclassification lawsuits. If you believe you have been misclassified as an employee or independent contractor, contact a Los Angeles misclassification attorney today. Having a lawyer by your side when trying to prove that you have been misclassified is essential. The lawyers here at Miracle Mile Law Group are trained at identifying what to look for when going up against your employer. These cases are very time sensitive so give us a call at (888) 244-0706 or contact us online for a FREE case evaluation. Remember, we do not take a single dollar unless WE WIN!