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San Diego Misclassification Attorney

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Employee classification plays a vital role in ensuring fair treatment under labor laws. Accurate classification impacts wages, benefits, taxes, and legal protections. Unfortunately, many workers are erroneously labeled as independent contractors instead of employees—a practice that often denies them their rightful entitlements.  If you believe you have been misclassified as an independent contractor, a San Diego misclassification attorney at Miller Shah can help you advocate for your rights and secure the compensation you deserve.

Where Does Misclassification Occur?

Misclassification happens across various industries and employment scenarios. However, certain fields, including construction, healthcare, technology, and the gig economy, are more prone to misclassification due to their reliance on freelance or contract-based work. 

Common situations where workers may be incorrectly classified include: 

  • Gig Economy Roles – Ride-hailing services, delivery platforms, and freelance gig jobs often designate workers as independent contractors, raising questions about their eligibility for benefits and overtime. 
  • Temporary Positions – Short-term hires or seasonal employees might be misclassified as contractors, even if their tasks align with those of regular employees. 
  • Freelance Agreements – Employers sometimes label full-time roles as freelance positions to bypass legal obligations such as supplying benefits or contributing to payroll taxes. 
  • Commission-Based Work – Some sales and commission-based roles are misclassified to sidestep licensing, minimum wage, and overtime requirements. 

By incorrectly identifying workers as independent contractors, companies may avoid costs associated with employee benefits, payroll taxes, and compliance with wage laws. However, these practices often leave employees deprived of fair wages, overtime pay, and access to healthcare, Workers’ Compensation, and other protections. 

The Impact of Misclassification

The effects of worker misclassification are far-reaching and serious. For employees, incorrect classification often results in financial losses and reduced protections. Misclassified workers may lose access to health insurance, paid time off, and other benefits guaranteed to employees. Lack of access to overtime pay or proper wage calculations can also result in significant earnings discrepancies. 

For employers, misclassification is equally perilous. Employing misclassified workers exposes businesses to substantial risks, including hefty penalties, lawsuits, and damage to their reputation. Failure to maintain compliance with federal and state employment regulations, particularly under the Fair Labor Standards Act (FLSA), can result in extensive financial and legal liability. 

Miller Shah: Advocates for Misclassified Workers

Miller Shah is skilled in navigating the complexities of employment misclassification. With decades of experience, our employment classification attorneys bring a sophisticated approach to misclassification cases, handling claims with precision and dedication. 

We represent both misclassified workers and businesses grappling with compliance, granting us unique perspective in misclassification cases.  Out team has litigated claims involving violations of the FLSA, as well as other state and federal statutes, securing justice for affected individuals while guiding employers on how to mitigate future risks. 

Miller Shah’s client-focused approach and expansive reach ensures we can serve your needs, whatever they may be. With offices strategically located across the United States and internationally, we benefit from a diverse global perspective. Whether representing employees in claims for lost wages or advising businesses on the dynamic landscape of classification laws, Miller Shah delivers actionable strategies paired with compassionate advocacy. 

Take the Next Step With a San Diego Misclassification Attorney

If you believe you’ve been misclassified or need guidance on employment classification compliance, Miller Shah is here to help. Our team has the experience, resources, and commitment to deliver effective results. 

To take control of your rights or address potential liabilities confidently, contact our San Diego misclassification attorneys today. 

Over 1 BILLION Recovered

Our team is equipped and prepared for complicated, high-stakes cases in all areas of business and civil litigation. We continuously strive to achieve the best possible results for our clients.

Novartis False Claims Act Settlement

$642 Million

Novartis False Claims Act Settlement
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$2.45 Million

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.