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Orange County Employee Misclassification Lawyer

If you believe your employer has purposefully or mistakenly misclassified you to avoid paying overtime or providing important employee benefits, you need a law firm on your side that can fight aggressively on your behalf.

Misclassification occurs when employers classify workers as independent contractors, exempt employees, or interns when they should be classified as employees. Misclassification allows employers to avoid paying benefits and complying with labor laws while workers miss out on important protections and rights.

If you are an employee affected by misclassification issues in California, call our Tustin employment law firm immediately. At MJB Law Group, we put employees first, and our lawyers work tirelessly to prove misclassification and get you the compensation you deserve under California’s labor laws.

How Can Our Misclassification Lawyers Help?

At MJB Law Group, our team of experienced misclassification attorneys will fight for your rights as an employee. We understand how much you’ve lost because of misclassification, including lost wages and benefits. That’s why we work tirelessly to prove misclassification and get you the compensation you deserve.

To win your case, we must first prove that your employer misclassified you. To do this, we must examine your job duties, pay structure, and employment status. This can help our attorneys determine whether you have been properly classified as an employee or if you should be classified as an independent contractor.

We can then help you gather all the necessary evidence to prove your claim, including documentation of your job duties, pay stubs, contracts, and other evidence to support your claim.

You are not in this alone. We will be on your side throughout the legal process and can hold your employer accountable for the impact misclassification has had on your life and your career.

Types of Employee Misclassification

Employee misclassification occurs when an employer improperly categorizes a worker to avoid offering employment protections or paying appropriate benefits and wages. Misclassifying employees can have significant consequences for workers and their employers, including legal penalties, financial costs, and loss of benefits and protections.

Understanding the different types of employee misclassification can help employees identify if they’re victims of misclassification.

Employee vs. Independent Contractor Misclassification

One of the most common types of misclassification is the misclassification of workers as independent contractors rather than employees. Independent contractors are not entitled to many of the same rights and protections as employees, including minimum wage and overtime pay, unemployment insurance, and workers’ compensation.

Exempt vs. Non-Exempt Misclassification

According to a National Employment Law Project report, up to 100,000 California workers may be misclassified as exempt employees. Exempt employees are not entitled to overtime pay, while non-exempt employees are. Misclassification can occur when employers wrongly classify employees as exempt to avoid paying overtime.

Misclassification of Interns and Volunteers

Employers may also misclassify interns and volunteers as independent contractors or exempt employees, denying them the protections and benefits they are entitled to under California labor laws. In California, interns must generally be paid at least minimum wage and are entitled to workers’ compensation benefits.

Misclassification can seriously affect workers, including losing important benefits and protections. Misclassified workers may not be entitled to minimum wage, overtime pay, workers’ compensation, and other benefits. They may also be excluded from collective bargaining agreements and denied the right to unionize.

California Labor Laws on Employee Misclassification

California labor laws provide strong protections for workers against misclassification.

The landmark Dynamex vs. Superior Court case established the ABC test, which requires employers to prove that workers are independent contractors based on three factors:

  1. That the worker is free from the control and direction of the hiring entity
  2. The worker performs work outside the usual course of the hiring entity’s business
  3. The worker is customarily engaged in an independently established trade, occupation, or business

Assembly Bill 5 (AB5) was enacted in 2020 to clarify and codify the ABC test into California law. The bill aimed to provide more consistent and comprehensive protections for workers against misclassification, particularly in the gig economy. However, there are numerous exceptions to the ABC test.

Examples of Misclassification in California

Misclassification is widespread in many industries in California, including the gig economy, trucking and delivery, and construction. Here are just a few examples of how employers misclassify workers in California.

  • A restaurant in Tustin misclassifies their delivery driver as an independent contractor instead of an employee, even though they wear a uniform and use the restaurant’s equipment.
  • An administrative assistant who works for a company gets classified as an independent contractor instead of an employee, even though they work in the company’s office, use their equipment, and report to the company’s management.
  • A construction worker is hired as an independent contractor. However, the hiring company provides all the tools, materials, and instructions for the job, and they require the worker to work a specific schedule.
  • A freelance writer is hired to write articles for a media company. Yet, the company controls the topics, deadlines, and editorial direction of the articles, and the writer must work specific hours.

Don’t know whether you’re misclassified or not? Contact our law firm for a FREE case evaluation and find out!

Contact Our Tustin Employee Misclassification Lawyers Today

Misclassification can mean the loss of important benefits and protections, such as minimum wage, overtime pay, and workers’ compensation. A skilled employment lawyer at MJB Law Group can help you pursue legal action against your employer to recover unpaid wages and benefits and hold them accountable for their violations.

Don’t wait! Contact an experienced employment attorney at our law firm today to discuss your options and protect your interests. Contact us for a FREE case evaluation and consultation. Call us today at (949) 266-0880 or fill out our confidential contact form.