San Diego Independent Contractor Misclassification Attorney

Proper employee classification is crucial for ensuring that workers receive fair treatment, equitable pay and access to essential benefits and protections under the law. Misclassification, particularly as independent contractors, is a widespread issue in today’s gig economy. Companies often misclassify employees to reduce costs and evade responsibilities, leading to long-term consequences for workers. Our San Diego independent contractor misclassification attorney at Miller Shah LLP represents the best interests of misclassified employees.

Understanding Independent Contractor Misclassification

What is Independent Contractor Misclassification?

Independent contractor misclassification occurs when an employer incorrectly labels an employee as an independent contractor. This practice exempts workers from the rights and benefits they are entitled to under federal and state laws, such as overtime pay, vacation time, meal breaks and other legal protections. Employers may engage in this practice to avoid paying payroll taxes, workers’ compensation insurance or health insurance or complying with federal employment laws.

Legal Criteria for Classification

Proper classification hinges on several legal criteria, which can vary by state but generally include:

• Control and Independence: Employees typically follow schedules set by their employer, use the employer’s tools and equipment, and receive training from the employer. Independent contractors, on the other hand, set their own hours, use their own tools, do not require employer-provided training and can work for multiple companies.
• Nature of Work: Employees usually perform work that is integral to the business, whereas independent contractors provide services that are distinct from the company’s core business operations.
• Financial Control: Employees are often paid regular wages and have limited opportunities for profit or loss, while independent contractors can affect their profit and loss through their managerial decisions.

Violating these criteria results in misclassification, depriving workers of their lawful rights and benefits.

How Miller Shah LLP Can Help

Miller Shah LLP has extensive experience in handling complex misclassification cases for both employees and employers. Our team is well-versed in the evolving laws governing employment classification and provides sophisticated legal counsel to address and resolve misclassification issues.

Solutions for Misclassified Workers

Workers who suspect they have been misclassified have several options to rectify their situation:

• Negotiation: Engage in discussions with the employer to correct the classification and recover any lost wages or benefits.
• Arbitration: Resolve disputes outside court through arbitration, which can be less time-consuming and costly.
• Litigation: File a lawsuit to seek judicial intervention and secure appropriate compensation and reclassification.

Our experienced attorneys guide clients through each step, offering tailored strategies to meet their specific needs. We have a proven track record of advocating for workers’ rights, ensuring they receive the benefits and protections they deserve.

Call a San Diego Independent Contractor Misclassification Attorney

Independent contractor misclassification is a serious issue that requires legal intervention. Whether you are an employee seeking to assert your rights or an employer needing to understand your obligations, Miller Shah LLP is ready to help. Our dedicated team of attorneys offers comprehensive legal solutions to untangle the complexities of misclassification and achieve the best possible outcomes for our clients.

Contact our San Diego independent contractor misclassification attorney. Let us provide you with the sophisticated legal counsel you need to address your misclassification concerns.