Los Angeles Job Misclassification Lawyers

Los Angeles employee rights regarding job misclassification are specifically protected under various state regulations. Los Angeles misclassification typically involves incorrectly designating workers as independent contractors instead of employees, which can deprive employees of crucial benefits and protections. California has been active in addressing this issue to ensure workers receive appropriate rights and benefits.

If you believe your employer wrongly classified you as an independent contractor, contact Matern Law Group’s Los Angeles job misclassification lawyers at 310-987-4226 for a free consultation.

Here are some key points about California’s stance on job misclassification:

1. Assembly Bill 5 (AB 5) – The “Gig Worker Bill”: Implemented in January 2020, AB 5 codifies the “ABC test” originally adopted by the California Supreme Court through its decision in Dynamex Operations West, Inc. v. Superior Court. Under the ABC test, a worker is considered an employee and not an independent contractor unless the hiring entity satisfies all three of these conditions:
   1. 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;
   2. The worker performs work that is outside the usual course of the hiring entity’s business; and 
   3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
2. Exemptions and Modifications: Various professions and industries, such as doctors, lawyers, accountants, real estate agents, and certain technology services, are exempt from AB 5. For these exceptions, the “Borello test” may still apply, which considers multiple factors primarily focusing on the control a company has over the worker.
3. Enforcement and Penalties: California vigorously enforces its misclassification laws. Los Angeles employers who misclassify workers as independent contractors can face significant penalties, including fines, back payment of wages, taxes owed, and benefits such as health insurance that would have been provided had the worker been correctly classified.
4. Proposition 22: Passed in November 2020, this measure allowed app-based transportation and delivery companies to classify their Los Angeles drivers as independent contractors, with some benefits, despite AB 5. However, it is subject to ongoing legal challenges and debates.

These regulations underscore California’s commitment to ensuring that Los Angeles workers are fairly classified, thereby granting them appropriate labor protections and benefits, such as minimum wage, overtime pay, unemployment insurance, and workers’ compensation. Los Angeles misclassification can lead to severe legal and financial consequences for employers, highlighting the importance of adherence to these rules.

How Matern Law Group Helps Misclassified Workers

Misclassification may violate California law when an employer wrongly treats a worker as an independent contractor instead of an employee. Our team of Los Angeles wage and hour lawyers represents misclassified workers and helps hold employers accountable for wage violations. We work to recover the compensation, benefits, and protections workers may be owed.

You may have a misclassification claim if your employer controls when, where, or how you work, your job duties are central to the company’s business, you do not operate an independent business, or you are denied overtime, meal and rest breaks, business-related reimbursements, or other employee protections. You may also have a claim if you are treated like an employee but paid as an independent contractor.

What We Do

Our legal team analyzes your daily job duties and operational constraints against California’s strict “ABC” and “Borello” tests, as applicable, to determine the true nature of your employment status. Our job misclassification attorneys calculate all unpaid wages, overtime, benefits, and tax contributions your employer should have covered. We fight to recover every dollar you’re owed whether your case requires negotiation or litigation.

Our Process

Our strategy begins with a comprehensive, confidential case assessment to evaluate your legal options and initiate a targeted investigation. We manage the burden of auditing your workplace responsibilities and comparing your operational treatment to that of W-2 employees. 

Once a clear pattern of misclassification is established, we present a detailed, evidence-backed demand package to your employer. While many corporate defendants choose to settle at this stage to avoid public exposure, our attorneys prepare every case for the courtroom to ensure you maintain maximum leverage.

What to Expect

Our Los Angeles job misclassification lawyers will provide regular updates throughout your case and handle all legal filings, negotiations, and court representation. When we successfully recover your misclassified wages, overtime, and damages, you can move forward knowing your professional rights have been fully validated and restored.