Los Angeles Independent Contractor Misclassification Lawyer

As workers increasingly rely on their employers for meaningful benefits and protections, the misclassification of employees as independent contractors is more than just a technical error—it is a significant legal issue that impacts workers’ rights and employers’ obligations. Miller Shah is dedicated to addressing these challenges by counseling employers on proper classification practices and advocating for misclassified workers. If you are seeking a Los Angeles independent contractor misclassification lawyer, trust the team at Miller Shah to put your interests first.

What is Independent Contractor Misclassification?

Independent contractor misclassification occurs when an employer incorrectly categorizes an employee as an independent contractor. This misclassification can happen for various reasons, and a worker’s proper title can be made difficult to determine by the evolving nature of work environments, especially in the gig economy. But getting the distinction between an employee and an independent contractor right is crucial, as it determines the rights and benefits to which a worker is entitled.

Generally, employees are those who work under the direct control of their employer, are subject to the employer’s schedule, and use employer-provided tools and resources. In contrast, independent contractors typically set their own schedules, use their own equipment, and offer services to multiple clients.

Consequences of Misclassification

The misclassification of employees can have profound implications for workers. Incorrectly classified workers may be denied essential benefits such as overtime pay, health insurance, workers’ compensation and retirement contributions. These employees also face increased tax burdens, as they are responsible for both the employer and employee portions of Social Security and Medicare taxes. Beyond financial implications, misclassified workers may lack legal protections against workplace discrimination and wrongful termination, which are typically available to employees.

For employers, misclassification can also result in severe consequences, including hefty fines, back taxes, and legal action. Employers may inadvertently violate both federal and state labor laws, leading to costly litigation and damage to their reputation.

Correcting Classification with Miller Shah

Miller Shah offers comprehensive legal services to address the complexities of employee misclassification. Our experienced legal team conducts thorough evaluations of employment relationships and circumstances to determine the appropriate classification of workers. We provide clear and actionable advice to rectify any misclassification under federal and state laws and regulations, helping employers avoid costly legal action. 

Legal Recourse for Misclassified Employees

Workers who believe they have been misclassified have several avenues to pursue justice. At Miller Shah, we help clients understand these options, guiding them through the processes of arbitration, mediation, or filing claims under applicable state and federal statutes, including the Fair Labor Standards Act. Our team assists in gathering the necessary documentation to support misclassification claims and advocates for clients to ensure they receive the back pay, benefits, and other compensatory damages to which they are entitled. Whether through negotiation or court action, we are committed to pursuing favorable outcomes for our clients.

Consult With a Los Angeles Independent Contractor Misclassification Lawyer

If you suspect that you have been misclassified as an independent contractor, or if you are an employer seeking to understand and comply with your legal obligations, it is imperative to seek legal advice. Miller Shah offers the guidance and representation you need to navigate these complex legal challenges. Contact a Los Angeles independent contractor misclassification lawyer to explore your options today.