Independent contractor misclassification can have significant impacts on both workers and businesses throughout California. Misclassification denies workers access to critical legal rights, benefits, and protections, detrimentally affecting their income and workplace stability. A California Independent contractor misclassification lawyer can help you understand the benefits and rights to which you are their entitled. At Miller Shah, we are committed to addressing these issues and providing effective solutions to protect our clients’ interests.Â
Independent contractor misclassification occurs when an employer incorrectly classifies an employee as an independent contractor rather than an employee. This distinction has serious implications for workers, as employees are entitled to various benefits and protections under California and federal laws, including overtime pay, sick leave, and health insurance, that independent contractors do not enjoy.Â
While misclassification is illegal, it is a growing issue across many industries, particularly in the gig economy, where companies seek flexible labor while avoiding tax and benefit responsibilities.
Employers may claim a worker is an independent contractor if the worker meets a number of criteria, such as setting her own schedule, using personal equipment to complete tasks, and being able to work for multiple clients. However, many companies misclassify workers that do not meet these factors to reduce costs, leading to significant violations of workers’ rights.Â
For workers, being misclassified as an independent contractor means missing out on the legal rights and protections afforded to employees. This can result in lost wages, lack of access to overtime pay, denial of healthcare and retirement benefits, and limited workplace protections. Additionally, independent contractors bear a higher tax burden, as they’re required to pay self-employment taxes that their employer would otherwise cover.
For employers, misclassification is not worth the risk. If found guilty of misclassifying workers, companies may face legal repercussions, including back payments of wages and benefits to affected workers, significant fines, and reputational harm. Understanding and addressing this issue is essential for maintaining legal compliance and ethical workplace practices.
Navigating the complexities of independent contractor misclassification can be overwhelming. Working with a professional legal team, like the California attorneys at Miller Shah, can make all the difference. With years of experience in employment classification cases, we have the knowledge and resources to investigate misclassification claims, negotiate resolutions, and, when necessary, pursue litigation to protect our clients’ rights.Â
Our services include a thorough review of your situation to determine if misclassification has occurred. We help workers identify the legal benefits and protections they may have been unfairly denied. For businesses, we offer guidance to ensure compliance with California’s strict labor laws and reduce exposure to legal risks.
Miller Shah believes in empowering clients with clear information and tailored strategies to address their unique circumstances. We back up your lived experience with our legal acumen, maximizing your chance at the most successful outcomes.Â
Miller Shah is your trusted partner in navigating independent contractor misclassification in California. Our client-focused approach prioritizes your needs, and we remain committed to delivering sophisticated, effective solutions to every challenge.Â
Our clients benefit from our decades of experience, deep understanding of labor laws, and unwavering dedication to your success. Whether you’re seeking fair compensation or proactive compliance guidance, we provide professional, reliable counsel every step of the way.Â
If you believe you’ve been misclassified, or if you’re a business looking to avoid common pitfalls, Miller Shah is just a call away. Contact us today to arrange a consultation with a California independent contractor misclassification lawyer.Â