MISCLASSIFIED "INDEPENDENT CONTRACTOR"

Sometimes employers tell employees that they are "independent contractors." This designation can provide advantages to the employer, for example, decreasing payroll taxes owed by the employer while making employees responsible to pay additional personal income taxes. in some cases, employers require employees to pay some of the expenses of the employer's business without reimbursement, claiming that such expenses are part of the "independent contractor's" cost of doing business. Similarly, supposed independent contractors are often denied rest and meal breaks, as well as overtime wages that would have to be paid to regular employees.  

The law, rather than an employer's opinion, determines whether any individual is a true independent contractor. Generally, individuals who are required to report to work as scheduled and follow procedures and rules imposed by an employer are regarded by the law as employees who are entitled to the benefits and protection of the Labor Code. If you believe you have been wrongly classified as an independent contractor, you can contact us for an evaluation.