Employee Misclassification Lawyer in Orange County, CA

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

At MJB Law Group, we put employees first, and our employment attorneys work tirelessly to prove misclassification and get you the compensation you deserve under California’s labor laws.

How Can Our Misclassification Lawyers Help?

Misclassification can result in significant losses, including unpaid wages and denied benefits. At MJB Law Group, we dedicate our experienced misclassification attorneys to safeguarding your employee rights. 

How We Build Your Case

To successfully prove misclassification, we begin by carefully examining your:

• Documentation of your job responsibilities
• Pay stubs and financial records
• Employment contracts
• Any additional records that demonstrate your work relationship

This analysis helps us determine whether your classification as an independent contractor or employee was accurate—or if your employer misclassified you.

Our team will guide you in collecting essential evidence to support your case. 

From start to finish, MJB Law Group will stand by your side, holding your employer accountable for the financial and career impacts of misclassification.

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. 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 prevalent forms of worker misclassification is labeling employees as independent contractors. This misclassification often deprives workers of critical rights and protections. 

Unlike employees, independent contractors are typically not entitled to:

• Minimum wage and overtime pay
• Unemployment insurance
• Workers’ compensation benefits

Exempt vs. Non-Exempt Misclassification

According to a report by the National Employment Law Project, as many as 100,000 California workers may be misclassified as exempt employees. The distinction is crucial:

• Exempt employees are not eligible for overtime pay.
• Non-exempt employees are entitled to overtime compensation.

Misclassification often occurs when employers incorrectly classify employees as exempt, potentially avoiding overtime payments and other obligations.

Misclassification of Interns and Volunteers

Interns and volunteers may also be wrongly classified as independent contractors or exempt employees, stripping them of their lawful rights. In California:

• Interns are generally entitled to at least minimum wage.
• Workers’ compensation benefits must be provided to eligible interns.

For employees, these missteps can result in financial and legal hardships, while for employers, they often lead to lawsuits, penalties, and reputational damage.

California Labor Laws on Employee Misclassification

California labor laws provide strong protections for workers against misclassification.

The pivotal Dynamex v. Superior Court case introduced the ABC test, which mandates that employers demonstrate a worker’s independent contractor status through three criteria:

1. The worker operates without the control or direction of the hiring party.
2. The work performed falls outside the regular scope of the hiring entity's business.
3. The worker is typically engaged in an independent trade, profession, or business.

In 2020, Assembly Bill 5 (AB5) was passed to codify and clarify the ABC test in California law, aiming to strengthen and standardize protections for workers, especially within the gig economy. However, numerous exceptions to the ABC test exist.

Examples of Misclassification in California

Worker misclassification is a widespread issue across various industries in California, including the gig economy, trucking and delivery, and construction. Below are a few common examples of how employers misclassify workers:

Delivery Drivers in Restaurants

A restaurant in Orange County classifies its delivery driver as an independent contractor, despite clear indicators of an employee relationship. The driver wears a uniform, uses the restaurant's equipment, and operates under the restaurant's control.

Administrative Assistants

An administrative assistant working for a company is labeled an independent contractor instead of an employee. This misclassification occurs even though the assistant works in the company office, uses company-provided equipment, and reports directly to the management team.

Construction Workers

A construction worker is hired as an independent contractor. However, the hiring company supplies all tools and materials, dictates instructions, and enforces a strict work schedule—conditions that align more with an employer-employee relationship.

Freelance Writers

A freelance writer is hired by a media company to produce articles. Despite the "freelance" label, the company exerts significant control by setting topics, deadlines, and editorial direction, while also requiring the writer to work fixed hours.

Reclaim What’s Rightfully Yours with MJB Law Group

Being misclassified isn’t just unfair; it’s a violation of your rights as a hardworking individual. You deserve to be treated with dignity, paid what you’re owed, and given the protections guaranteed under California law. 

At MJB Law Group, we believe in empowering workers like you to stand up against unjust practices. Our skilled employment attorneys are here to help you take back control, hold your employer accountable, and secure the compensation and recognition you deserve. 

Take the first step toward justice today. Contact MJB Law Group today—we’re ready to fight for you.

Other Employment Issues We Fight For

We fight for workers facing wage violations, discrimination, hostile work environments, harassment, wrongful termination, retaliation, and more. We’re here to ensure your rights are protected.