Los Angeles Misclassification Attorneys

How Do I Know If I Have Been Misclassified?

Determining your true employment status often requires looking past your job title or the contract you signed. Employers may manipulate job descriptions to avoid paying overtime or providing benefits. We can examine the reality of your daily work life, particularly the level of control your employer exerts and the nature of your duties, to determine your actual legal standing. 

California presumes you are an employee (rather than an independent contractor) unless the hiring entity proves otherwise, and you might be misclassified if:

• The company controls your work. True independent contractors maintain the freedom to decide how they achieve results. If your manager dictates your specific working hours, provides step-by-step instructions, or supervises your methods closely, you are likely considered an employee under California law.
• You perform core business functions. Contractors typically perform peripheral tasks, such as a plumber fixing a leak at an office or commercial facility. If you perform work that defines the company's business, the law considers you an essential part of the workforce, not an outside partner. 
• You use their equipment. Businesses expect genuine independent contractors to invest in their own tools and supplies. When a company provides the computers, vehicles, software, or office space necessary for the job, it establishes an employer-employee relationship.
• You cannot work for others. Independent business owners generally serve multiple clients simultaneously. If your arrangement prohibits you from taking other jobs, or if the workload is so demanding that it effectively prevents you from building your own client base, you lack the independence of a true contractor and may be legally considered an employee.
• The relationship is permanent. Independent contractors usually work on a project-by-project basis with a defined end date. If you work for the company indefinitely and your duties continue without a specific termination point, the law views this as an employment relationship.

To properly classify you as an exempt employee, your employer must pay you a minimum salary and prove your primary duties meet strict criteria, so you may be misclassified if:

• You earn below the salary threshold. A salary alone does not eliminate the right to overtime. To qualify as exempt, California law mandates that you earn a fixed monthly salary of at least twice the state minimum wage for full-time employment. Paying anything less than this specific threshold automatically triggers the requirement for overtime pay.