Attorney Jean-Claude Lapuyade

What is a job misclassification?

California workers like you deserve every benefit and right owed to you. Unfortunately, some employers will try to shirk their duties. They do not want to give you the full benefits of employment. For that reason, they may misclassify you. 

The misclassification of employees is a big issue in the modern workplace. It can create a headache if an employer misclassifies you. It can even deprive you of rights and benefits. 

Misclassification as an independent contractor 

The U.S. Department of Labor discusses misclassification of employees. The most common example of this involves the wrongful categorization of independent contractors. Independent contractors do not enjoy the same benefits and protections of employees. They often have no access to healthcare or dental plans. They do not get disability insurance. Often, they do not get other perks a company offers even if they still work for that company. 

Some of the benefits that an employer owes to their employees include: 

  • Family and medical leave 
  • Minimum wage 
  • Overtime compensation 
  • Safe workplaces 
  • Unemployment insurance 

Why did your employer misclassify you? 

An employer may not want to provide every employee with these benefits. To avoid this, they classify you as an independent worker instead of an employee. This hurts you. It also hurts the federal government and state governments. This is because it contributes to lower tax revenue. The loss from this tax issue is quite substantial. State unemployment insurance and workers’ compensation funds also get shafted. Because this involves so many parties, misclassifying an employee is a big deal. It does not just impact you as a worker. It impacts your state and even national government.