Pasadena Employee Misclassification Lawyer

Trusted Employee Misclassification Attorney In Pasadena, CA

Whether you are classified as a traditional employee or another kind of worker, such as an independent contractor, makes a significant difference when it comes to compensation, taxes, overtime, benefits, and other legal protections. Employers often misclassify employees, either intentionally or unintentionally, which can violate an employee’s rights. If you believe you have been misclassified, a Pasadena employee misclassification lawyer can help.

Why Choose Esperanza Anderson for Your Employee Misclassification Case?

Attorney Esperanza Anderson brings more than 25 years of legal experience representing California employees in workplace disputes, such as those regarding California’s employee misclassification laws. As a Stanford and Georgetown-educated Pasadena employment lawyer, she brings a strong educational background to every case. She is also fluent in both Spanish and English.

When working with Esperanza Anderson, you can expect a tenacious attorney who relentlessly advocates for your rights and proper classification. Throughout her career, she has recovered more than $15 million for clients, which reflects her commitment to pursuing a full recovery for every client.

What Is Employee Misclassification?

Employee misclassification involves an employer incorrectly classifying a worker in a way that does not reflect their true job duties, type of work, or their legal rights. Most commonly, this involves incorrectly classifying an employee as an independent contractor. However, there are other types of misclassification, such as incorrectly labeling an employee as exempt from overtime laws.

California’s employee misclassification laws have strict requirements on how employees should be classified. For example, California uses an ABC test to determine whether a worker can be classified as an independent contractor. These three elements are:

• The Worker is Free From The Control and Direction of The Hiring Company: An independent contractor is not subject to as much control as a typical employee. For example, an independent contractor should typically be able to set their own hours or choose how to do the work.
• The Worker Performs Tasks That Are Outside of The Usual Operations of The Hiring Company: An independent contractor is a worker brought in to complete something that is outside of the typical scope of the company. If a worker is hired to do something that is in line with the hiring company’s work, such as a baker being hired as an independent contractor at a bakery, they may be misclassified.
• The Worker Does The Same Kind of Work as Their Own Separate, Independent Business: An independent contractor typically has their own business or works independently from one hiring agency. This may involve having more clients than only the hiring agency, having their own business name, or their own registered business.

If you do not satisfy all three elements of the test, you should be classified as an employee, not an independent contractor. A Pasadena employee misclassification attorney can help you correct this misclassification.

In California, there are 227,686 active full-time employees. Of all workers in the state, 89% of these workers work for wages and hour  or salaries, while 11% are self-employed. However, due to employee misclassification, many full-time employees may be being paid and legally treated as self-employed independent contractors.

How Being Misclassified as an Employee Can Impact You

Misclassification can affect nearly every aspect of your employment law and financial security. Employers often misclassify workers to save money or reduce legal protections, which passes the financial burden onto the worker. Among the most commonly misclassified jobs, the median cost to workers ranges from $10,159 for retail sales workers to $24,914 for truck drivers. Some of the consequences of employee misclassification may include:

• Unpaid overtime
• Losing meal and rest break protections
• Missed employee benefits, such as health insurance, retirement plans, or paid leave
• Higher taxes due to paying self-employment taxes that employees do not pay directly
• Loss of workers’ compensation coverage
• Unreimbursed business expenses.

Because of these impacts, it is important to work with a Pasadena employee misclassification lawyer who can help you achieve the correct classification. This can be achieved through direct communication or negotiations with your employer, but may also require a legal claim against your employer to recover lost damages.

FAQs

How Much Is an Employee Misclassification Claim Worth?

The value of an employee misclassification claim depends on the specific circumstances of the case and the damages you have suffered. A fair settlement should compensate you for your losses, such as unpaid wages, overtime, lost benefits, or unreimbursed business expenses. Your employer’s actions, such as intentional misconduct, also impact the value of your wage claim.

Is Employee Misclassification Illegal?

Yes, employee misclassification is illegal. If an employer is found guilty of misclassifying workers, they may be liable for those workers’ unpaid wages, tax obligations, overtime, and other damages. Sometimes, misclassification is unintentional and is able to be resolved more easily, while cases involving intentional wrongdoing are more serious and may involve a stronger legal strategy to prove your employer’s illegal conduct.

What Should You Do If Your Employer Misclassified You?

If you believe that your employer misclassified you, you should gather copies of all relevant evidence, such as employment contracts, job descriptions, pay stubs, tax forms, schedules, and records of communication with the employer.

Bring this evidence to the attention of the employer, in case they are willing to work with you to correct this error. If the misclassification is intentional or your employer refuses to work towards a solution, you should hire an employee misclassification lawyer.

How Can You Prove Employee Misclassification?

You can prove employee misclassification by presenting evidence that shows that the work you do and your relationship to the hiring company means that you should legally be classified differently than you are. This can include evidence showing the degree of control your employer exercises over your work or that your job duties afford you certain legal protections. Specific pieces of evidence that are frequently used include:

• Job duties
• Work schedule
• Payroll records
• Employment contracts
• Company policies
• Communications with supervisors

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Call Us Today(626) 219-6773

Hire an Employee Misclassification Lawyer Today

If you are misclassified as an employee, you may be able to recover compensation under California law. Contact Esperanza Anderson today to learn more about your legal options for claiming lost wages or benefits, recovering damages, and fixing your employee status.