Many workers are told they are independent contractors even though they do the same work as employees. That label can affect overtime pay, meal and rest breaks, paid sick leave, and other workplace rights. Our Ontario independent contractor misclassification lawyers can review your work situation and explain whether your employer may have classified you incorrectly.
Being given the wrong job classification can affect your paycheck and the workplace protections you receive. Our wage and hour violations lawyer serving Ontario can determine whether your employer violated your rights. Since 2007, Moon Law Group has focused exclusively on employment law and has built a strong record of standing up for employees.
Call Moon Law Group today for a free consultation. With more than 40 attorneys, over employment cases handled each year, and no attorney’s fees unless the firm successfully resolves your case, the team is ready to discuss your legal options.
How Our Ontario Independent Contractor Misclassification Attorneys Can Help
Your job title does not always determine whether you are legally an independent contractor. California law looks at the work you actually perform and the relationship you have with the company. Our employment lawyer begins by reviewing how you actually perform your job instead of relying on the title your employer gave you.
We look at factors such as:
- Your daily duties.
- How much control the company has over your work.
- Whether your work is part of the company’s regular business.
- The records that show how your work was performed.
Once our Ontario worker misclassification lawyers understand how your job actually worked, we explain whether California law may require the company to classify you as an employee instead. Depending on your situation, we may:
- Review your job duties, work history, and payroll records.
- Compare your work arrangement to California laws.
- Calculate unpaid wages, overtime, and any applicable penalties.
- Identify other wage and hour violations that may have affected your pay.
- Gather supporting evidence and communicate with your employer or its attorneys.
- File claims with the appropriate agency or court.
- Represent you during settlement negotiations or litigation.
For a free legal consultation with an independent contractor misclassification lawyer serving Ontario, call 213-232-3128
Wage and Hour Claims That May Be Available
Being treated as an independent contractor instead of an employee may affect more than your job title. It may also result in several wage and hour violations.
Your claim may involve:
- Unpaid overtime
- Missed meal periods
- Missed rest breaks
- Minimum wage violations
- Unreimbursed business expenses
- Waiting time penalties
- Wage statement violations
- Paid sick leave issues
- Other wage and hour violations
After reviewing your records, we identify every claim that may apply and calculate the unpaid wages, penalties, and other amounts available under California law.
Many cases begin with one worker asking questions about their own job. During the investigation, it may become clear that many employees were treated the same way. In those situations, additional legal options may become available, including claims under California’s Private Attorneys General Act (PAGA).
Ontario Independent Contractor Misclassification Lawyer Near Me 213-232-3128
How Do You Know if Your Job Was Classified Incorrectly?
Many workers assume the paperwork they signed settles the issue. California law looks beyond the contract. Some common signs of possible misclassification include:
- Your employer sets your schedule.
- You are required to follow company policies.
- You use company equipment.
- Your manager closely supervises your work.
- You perform the same work as employees.
- Your work is part of the company’s regular business.
- You work mainly for one company.
These signs do not automatically mean you were classified incorrectly. California uses what is commonly called the ABC Test to decide whether many workers should be treated as employees.
How the ABC Test Works in California
In general, an employer must prove all three parts of the test:
- The worker is free from the company’s control.
- The worker performs work outside the company’s usual business.
- The worker normally works in an independently established trade or business.
If the employer cannot meet the legal requirements, California law generally requires the worker to be treated as an employee. Some occupations follow different legal rules because California law provides exceptions for certain industries and professions.
Click to contact our Wage and Hour Violations Lawyers Serving Ontario today
What Rights Could You Lose if You Are Misclassified?
Being called an independent contractor may cause a worker to miss out on benefits and legal protections employees receive. Depending on the circumstances, a misclassified worker may lose access to:
- Overtime pay
- Minimum wage protections
- Meal periods
- Rest breaks
- Reimbursement for work expenses
- Paid sick leave
- Workers’ compensation coverage
- Unemployment insurance
- Accurate wage statements
- Payroll tax protections
Losing these protections can affect your income long after each pay period ends. Our Ontario worker classification attorneys will review your records to determine which rights may have been affected and what compensation may be available under California law.
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What Should You Do if You Think Your Job Was Classified Incorrectly?
California has some of the strongest worker protection laws in the country, and workers who have been misclassified may have legal options to recover unpaid wages and other damages.
If you believe the company you work for classified your job incorrectly, try to keep records that show how your job actually works. Documents that can help show this include pay records, work schedules, job descriptions, emails and text messages, company policies, time records, contracts, and expense receipts.
These records may help show who controlled your work, how you were paid, and whether California law required the company to classify you as an employee. Keeping these documents together may also make it easier to evaluate your claim.
Our Ontario Independent Contractor Misclassification Lawyers Will Protect Your Rights
Questions about your job classification may uncover wage and hour violations you did not realize existed. A careful review of your work records can show whether California law required the company to treat you as an employee instead of an independent contractor.
Many of Moon Law Group’s wage and hour matters begin with one worker who believes something is wrong. From there, our attorneys look closely at whether the same pay practices affected other workers and whether additional legal claims should be pursued.
For nearly two decades, our firm has represented California workers. We have recovered multimillion-dollar verdicts and settlements for them and are known for handling complex wage and hour litigation, including large class action and PAGA cases.
If you have questions about your job classification, call our team today for a free consultation. There are no attorney’s fees unless we successfully resolve your case.
Call or text 213-232-3128 or complete a Free Case Evaluation form