Imagine working hard every day and putting in long hours but not getting overtime pay or paid leave. This can happen to you all because your boss calls you an “independent contractor” instead of an employee. Sadly, this happens more often than you may think.
Industries where misclassification commonly happens
Employee misclassification is a major concern for many California workers. Here are five industries where misclassification usually occurs:
- Trucking drivers: Companies label commercial truck drivers as contractors to avoid paying for vehicle maintenance, insurance and overtime.
- Construction workers: Laborers, carpenters, and other trades workers performing regular work at construction sites usually get misclassified, particularly on large-scale projects.
- Janitorial and cleaning staff: Companies frequently treat cleaners as contractors to reduce overhead costs and stay competitive.
- Gig economy workers: Rideshare, delivery and task-based platforms often classify workers as contractors despite controlling many aspects of their work.
- Healthcare workers: Many home health aides and nurses get to choose which shifts to work, so companies wrongly assume they meet the criteria for being independent contractors.
You miss out on many benefits you deserve if you get misclassified. Worse, you take on part of your employer’s operating costs and legal risks, which can lead to lower earnings.
Signs you might be misclassified at work
Your classification makes a big difference in your total compensation. You are likely an employee and not an independent contractor if your employer:
- Controls your work schedule
- Provides your work equipment
- Trains you for the job
- Requires you to follow specific procedures
- Prevents you from working for other companies
If any of these sound familiar, you may need to take action to protect your rights as an employee.
Take action to protect your rights
Don’t let misclassification rob you of your hard-earned compensation. California law aims to protect workers who speak up about misclassification.
You can file a claim to get back pay. Working with a legal professional can make the process less stressful. An employment lawyer can help recover unpaid overtime, expense reimbursements and more that you should have received.