Contractor Misclassification

California Contractor Wage & Hour Law Lawyer

Are You a Contractor Doing the Work of an Employee?

Some of the largest employment law class action claims in recent history have involved the unlawful classification of some employees as contractors. By doing so, employers avoid paying their share of Social Security, workers' comp, unemployment and the benefits other employees receive.

This problem is more common in some industries than in others. In California, it occurs in the IT industry, with outside sales people, with brokers and independent loan officers, and with "consultants."

At the Law Office of David P. Strauss, we represent contractors in wage and hour cases. If you believe your employer is taking advantage of you by wrongfully classifying you as a contractor when you should be an employee, contact our San Diego law office to schedule a free initial consultation with employment lawyer David Strauss.

Are You Really a Contractor or Have You Been Misclassified?

This is the most important question to ask and the answer could mean tens of thousands of dollars a year in pay and benefits. Some questions to ask yourself:

  • Can you operate independently or does your contracting company tell you exactly how and when you must do your job?
  • Do you report directly to someone at the company?
  • Do any company employees report to you?
  • If you are a broker or loan officer, can you bring loans and accounts to any company or only to the company you contract with?
  • Are you required to be on site for specific hours?

The more control the company exercises over what you do, the more likely you are actually an employee, even though they have called you an independent contractor.

Why Bring a Case?

Contractor misclassification cases are difficult, but they can also be lucrative. You would get reimbursed for out of pocket expenses and reimbursed for benefits that you paid on your own, such as medical and dental insurance. You would receive unpaid wages and vacation time. In the future, you would get all the benefits of an employee.

We can help you bring a contractor misclassification case on your own or as part of a class action lawsuit. We handle both individual and class action claims.

You deserve to be treated fairly by your employer. Contact us to have an experienced employment attorney review your case and for strong, effective representation if you have a wage and hour law claim.