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Independent Contractor Claims

Independent Contractor Misclassification Lawyer

Some employers intentionally misclassify their employees by calling them "independent contractors" to avoid paying them overtime or to avoid other tax implications. This non-employment relationship is based on an oral or written agreement between the business and the independent contractor. Businesses that hire independent contractors generally do not withhold federal or state income taxes or Social Security taxes from payments to independent contractors, and they do not maintain unemployment or workers' compensation insurance for those workers. This is because federal overtime law only applies to employees, not independent contractors. When employers break laws defining employee classification rules, severe penalties can be assessed on the employer, and the employee can receive compensation.

The Leichter Law Firm, APC, located in Los Angeles, provides legal counsel to independent contractors facing legal problems.  Founding attorney Aryeh Leichter has dedicated his legal career to employment law and only represents employees, not employers. If you have questions regarding independent contractor law, or if you believe you have been misclassified as an independent contractor by your employer, call us today; we can help.

Defining the Independent Contractor

The United States Supreme Court has determined there is no single rule or test for determining whether individuals are employees or independent contractors. Rather, the determination is made by reviewing the overall relationship and who controls it. Among the factors the Court has considered important are:

  • The skill required
  • The source of the instrumentalities and tools
  • The location of the work
  • The extent of the hired party's discretion over when and how long to work
  • The method of payment
  • The hired party's role in hiring and paying assistants
  • Whether the hiring party is in business
  • The provision of employee benefits
  • The tax treatment of the hired party

 

We can provide personal client service and straightforward advice. We are also experienced negotiators and litigators, and can pursue claims for compensation, overtime and breach of employment contract disputes.

It Starts with a Free, Confidential Consultation

The Leichter Law Firm explains independent contractor rights in plain English and aggressively represents employees misclassified as independent contractors in overtime pay lawsuits. Our firm is available to pursue unpaid overtime claims for employees all over California, Los Angeles County, Ventura County and Orange County. Call 213-381-6557 or email us today to set up a free and confidential consultation, with no obligation after learning about your rights in your situation.

Membership

Our founding attorney is a member of the following organizations. Click an image to visit the organization’s site or learn more about additional online resources by visiting our site’s resource section.
Click to visit the Consumer Attorneys Association Los Angeles website Click to visit the website for Consumer Attorneys of California
Employment Attorney Aryeh Leichter is a member of the Los Angeles Bar Association.
Click to visit the San Fernando Valley Bar Association website
Click to visit the website for the California Employment Lawyes Association