310-776-3590
At Mehtani Law Offices, P.C., our Beverly Hills employment law attorney knows that for many years, the line that differentiated between California employees and independent contractors was blurred. This often led to employees being misclassified, but having little legal recourse to pursue an employment law claim that would compensate them for their damages.
Now, thanks to important legislation and employment laws, the line could not be clearer.
How are Independent Contractors Defined by California Law?
California Assembly Bill 5 requires employers who hire independent contractors to satisfy the legal requirements that allow them to classify the employee as such using what is called the ABC Test.
The California Labor and Workforce Development Agency developed the ABC Test stating an individual is presumed to be an employee, unless the hiring company can prove:
- The worker performs duties outside the usual course of the hiring entity’s business.
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
- The worker is free from the company’s direction or control while performing their duties.
If these three elements cannot be satisfied, the individual must be classified as an employee.
How Can I Prove I Am a California Employee, Not an Independent Contractor?
Several factors allow employees to differentiate themselves from independent contractors in California.
For employees, they include the facts that:
- They work full-time for the company.
- They are closely supervised by the company.
- They are paid by the hour.
- They receive employee benefits.
- They receive training, tools, and equipment needed to work from the company.
- They provide services that are an integral part of the company’s business.
For independent contractors, their roles are defined as such when:
- They operate businesses independent of the company they are working for.
- They work for more than one company at a time.
- They set their own working hours.
- They are paid by the project.
- They pay their own business and travel expenses.
- They provide the tools and equipment needed to complete the project.
- They hire and pay any additional help necessary to complete the project.
- They earn a profit or suffer a loss based on the work provided at the close of the project
In California, it is illegal for employers to misclassify employees as independent contractors to avoid paying minimum wages or overtime pay, or to avoid providing benefits.
Contact Our experienced Los Angeles County Employment Law Attorneys at Mehtani Law Offices, P.C.
If you believe you are being misclassified as an independent contractor when you are an employee, our skilled Los Angeles County employment law attorney at Mehtani Law Offices, P.C. by calling 310-776-3590 or contact us online today to help you satisfy the elements that prove that is true, starting with a free consultation.