Misclassification of workers may affect their wages, taxes, and rights to benefits, including overtime pay, vacation time, meal breaks, Workers’ Compensation, and legal protections. If you are a worker who has been misclassified, you deserve a proven legal advocate to stand up for your rights and hold your employer accountable. If you are an employer confronting the shifting landscape of employment classification law, now is the time to seek professional counsel to better understand the full scope of your potential liabilities and responsibilities.
Employee or Contractor Misclassification of employees as contractors is a widespread and growing problem. Studies suggest that 10 to 20 percent of employers misclassify at least one employee. The internet and the proliferation of mobile apps have fueled the growth of a sharing economy, which ostensibly allows assets and services to be shared among private individuals. In reality, the sharing economy enables large companies to reap enormous profits by using on-demand workers who are treated as contractors instead of employees.
The difference between an employee and a contractor continues to be in dispute. In 2018, the California Supreme Court made a landmark decision by adopting an ABC test that employers must pass to legally classify workers as independent contractors. Among other things, this test includes a strict provision that workers cannot be classified as contractors unless they are only performing tasks outside of the company’s usual course of business. This ruling has sparked debates nationwide as other states consider adopting similar measures to redefine the nature of employment relationships.
In the complex realm of worker classification, the
offer skilled guidance and advocacy. Whether you’re a worker grappling with misclassification issues or an employer navigating evolving regulations, our dedicated team is here to champion your rights and interests. Let us stand by you, ensuring fair treatment and compliance with the law.
October 23
Accurate employee classification is a critical component of employment law, serving as a foundation for the fair treatment and protection…
October 23
Employee misclassification is a pervasive issue in the modern workplace, affecting both workers and employers. Misclassification occurs when an employer…
August 20
While the Fair Labor Standards Act (FLSA) provides overtime and minimum wage protections for many employees, certain categories of workers…
August 12
Wage and hour violations compromise a wide variety of issues, including an employee’s earnings, rights, and overall wellbeing in the…
June 28
On June 12, 2023, The Third Circuit Court of Appeals upheld the 2022 decision of the United States District Court…
June 05
On March 17, 2023, a panel of the Ninth Circuit Court of Appeals delivered the latest in a series of…