Trusted Independent Contractor Lawyer in Los Angeles, California
The Leichter Law Firm, APC Los Angeles independent contractor lawyer knows the number of independent workers including freelancers, independent contractors, and gig workers — rose to just over 51 million people in 2021, an unprecedented 34% increase from the previous year, according to a recent MBO Partners research report.
While the 2020 pandemic helped usher in larger numbers of independent contractors across the country, contracting creates both short- and long-term solutions for both companies and independent contractors.
However, even in highly regulated industries like transportation and healthcare services, the line between employees and independent contractors can become blurred.
To help clear up any confusion, in 2019 California Legislation Assembly Bill 5 passed throughout the state making it illegal to misclassify an employee as an independent contractor to avoid paying wages or benefits.
Contact the Los Angeles independent contractor attorney at the Leichter Law Firm, APC today to schedule a free consultation to learn more about your legal rights and options to pursue your employer for your complete financial recovery.
What is the Difference Between Employees and Independent Contractors in Los Angeles, California?
The California Labor and Workforce Development Agency introduced an ABC test to help distinguish between employees and independent contractors.
The ABC test requires an individual to be labeled as an employee unless the hiring company can prove the worker:
- Is free from the company’s direction or control while performing their duties
- Performs work that is outside the usual course of the hiring entity’s business
- Is routinely engaged in an independently established trade, occupation, or business of the same nature as the work performed
When these three elements cannot be satisfied, the worker has deemed an employee and, by law, is entitled to:
- Wrongful Termination
- Retaliation Claims
- Wage and Hour Claims
- Age Discrimination
- Breach of Employment Contracts
- Disability, FMLA, CFRA
- Independent Contractor Claims
- Overtime Misclassification
- Pregnancy Discrimination
- Review of Severance Agreement
- Sexual Harassment
These requirements are precisely why an employer may misclassify employees as independent contractors, so they can avoid the costly expenses associated with hiring and maintaining a workforce.
Certain workers, such as resident managers who are required to live on the property they manage as a condition of their work, are employees as a matter of law. (link to resident manager practice area page).
If you believe you are an employee who has been misclassified as an independent contractor in California, contact an experienced employment law lawyer in California today to discuss your case during a free consultation.
Are You an Independent Contractor or Employee in Los Angeles, California?
While the ABC test is definitive, both independent contractors and employees may evaluate their employment by understanding their roles within the company.
For instance, independent contractors operate a self-supported business that may work for more than one company at a time.
That means they set their own hours, are paid by the project, and provide the tools and equipment necessary to do their jobs.
Independent contractors pay their own business, travel, and employee expenses (when applicable), and may earn a profit or suffer a loss during their work for any given company during a project.
Employees, on the other hand, work full-time for a company and provide services that are an integral part of their employer’s business.
Employees are also paid by the hour and receive benefit entitlements.
Finally, employees are often closely supervised and are provided with the training, tools, and equipment necessary to do their jobs within the company.
The Leichter Law Firm, APC independent contractor attorney in Los Angeles knows that all companies operate differently. That is why it is not necessary to check each of the boxes associated with being a California employee or independent contractor — but only identify with a few primary points — to be considered one over the other.
Contact the Leichter Law Firm, APC Independent Contractor Lawyer in Los Angeles, CA
Ari Leichter, the Leichter Law Firm, APC founder, and independent contractor attorney in Los Angeles County, can help you satisfy the necessary elements to determine whether you are being misclassified by your employer, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.
He can help you understand the wages, benefits, and other entitlements you may be eligible to pursue because of your employer’s misclassification, so you can pursue the financial outcome you deserve.