The Dirty Dozen: Signs Your Job is Misclassified as an Independent Contractor
There are many “red flags” to watch out for if you’re working under certain conditions or you’re informed you can continue to work, but only as an independent contractor and no longer as an employee. Your employer may intentionally violate state and federal employment laws or be willfully ignorant of how it applies. Either way, being misclassified puts more money into your employer’s pockets and less into yours.
A skilled MJB Law Group employment attorney can help determine if you’re misclassified and, if so, try to resolve the issue with your employer. If necessary, we can pursue legal action against them to recover unpaid wages and benefits and hold them accountable for their legal violations. Contact us for a FREE consultation at (949) 266-0880, or fill out our confidential contact form today.
Warning Signs You’re Misclassified as an Independent Contractor, Here are some indications to watch out for.
- Your employer determines the details of your job – This varies depending on the type of work and the worker. But, generally, independent contractors control what they do, when, and how. If you must show up at the same place (or places) every day, they set your schedule, decide how you perform the work, and you may be disciplined on how the result is completed (not that you failed to produce the desired result), you may be misclassified.
- You have ongoing employment terms – You’re not temporarily hired for a specific job or task. Like an employee, you have an indefinitely set full- or part-time schedule as long as you want to work there and they want you to work.
- You don’t supply tools or material – Independent contractors often use their tools and supplies to accomplish the work. If your employer gives you everything you need and you just perform tasks, you may be an employee.
- You don’t send an invoice or bill to your employer – Most independent contractors send their clients or customers bills or invoices to get paid. If you’re getting paid without them, punching a time clock, or informing them of your work time, you’re probably not an independent contractor.
- You work for one company or are allowed to only work for one company – Most independent contractors come and go to where the work’s available and sell their time and skills to many customers. They don’t work in and for one company. Independent contractors usually aren’t forbidden to work elsewhere.
- Your job is the same as what employees do – Could someone following you and others in the workplace tell the difference between what you do and how, and employees there? Is the difference just your status?
- You are supervised – Independent contractors are typically judged by the result of their work. They’re not actively managed while working. Would you look over your mechanic’s shoulder to ensure they’re working on your car a certain way?
- You are trained to perform work a certain way – Instead of being told of the employer’s desired result, you’re instructed on how that should be achieved. Typically, someone hiring an independent contractor to paint a house, fix a dishwasher or computer won’t teach the person how to do it.
- You can’t hire anyone to help you – Independent contractors are paid to perform something for a given price, and customers usually don’t care whether you or someone you hire conducts the work. Independent contractors can hire people without approval, but employees cannot.
- Your work is central to the employer’s service or product – Your work is part of the employer’s regular business. You’re probably an employee if you must show up daily, and your work is critical to what the employer does or produces. You’re not going there to fix equipment and leaving or providing them with raw materials.
- You are paid hourly or by salary on a given schedule – Independent contractors are usually paid when a task or product is complete. They finish a person’s tax returns or replace a roof. They charge a fee based on what the customer wants. If you’re regularly paid for your labor, you’re likely an employee
- You’re not generally engaged in a trade or business that independent contractors traditionally perform – What work do you perform? Is that something a person or company would traditionally hire an outside contractor to do?
Contact Our Tustin Misclassification Lawyers
MJB Law Group wants you to know that you don’t have to face employee misclassification alone. Contact our Tustin misclassification attorneys today to get started. As a trusted Yorba Linda employment lawyer, we are here to protect your rights and hold your employer accountable.
We cover all of Orange County, CA. Call us at (949) 266-0880 or complete our confidential contact form today to schedule a FREE case evaluation and consultation.
