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- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
Employee misclassification occurs when an employer labels a worker as an independent contractor rather than an employee. This classification error—whether intentional or not—strips workers of protections under California employment law. Misclassified employees often lose access to minimum wage guarantees, overtime pay, workers’ compensation coverage, unemployment benefits, and employer-provided health insurance.
Under California law, including Assembly Bill 5 (AB5), most workers are presumed to be employees unless the employer can prove otherwise using the ABC test. Employers who misclassify workers face penalties under Senate Bill 459, which imposes fines for willful misclassification.
Our California employee misclassification attorneys handle cases involving:
employment
Personal Injury
Proving misclassification requires detailed analysis of your work relationship, pay records, and the level of control your employer exercised. California courts apply specific legal tests to determine employment status. An experienced employment misclassification attorney understands these standards and can gather the evidence necessary to build your case.
Without legal representation, misclassified workers often struggle to calculate the full extent of their losses—including unpaid overtime, missed benefits, and tax implications. Our lawyers evaluate every aspect of your claim to pursue maximum compensation.
Mercer Legal Group focuses on employment disputes affecting workers in Los Angeles, Long Beach, and throughout Southern California. Our attorneys have handled misclassification cases across multiple industries, from gig economy workers to construction and healthcare professionals.
We take cases on a contingency fee basis, meaning you pay attorney fees only if we recover compensation for you. Our approach combines thorough investigation with strategic litigation when employers refuse fair settlements.
California has some of the strongest worker protections in the nation. AB5, enacted in 2020, codified the ABC test, which presumes workers are employees unless the employer demonstrates: (A) the worker is free from control and direction, (B) the work performed is outside the usual course of business, and (C) the worker is engaged in an independently established trade.
Employers who willfully misclassify workers face civil penalties ranging from $5,000 to $25,000 per violation under Senate Bill 459. Workers may also recover unpaid wages, overtime, benefits, and penalties through the Private Attorneys General Act (PAGA).
The value of a misclassification claim depends on several factors: duration of misclassification, unpaid wages and overtime owed, denied benefits, and applicable penalties. Some cases resolve through settlement, while others proceed to trial. Our attorneys evaluate your specific circumstances and provide a realistic assessment of potential recovery.
If you believe you have been misclassified as an independent contractor, act now. California law imposes deadlines on wage claims and employment disputes. Contact Mercer Legal Group at (818) 900-7852 to discuss your case with an experienced employment attorney. We serve clients in Los Angeles, Long Beach, and communities throughout Southern California.
Attorneys help workers who allege they were misclassified as independent contractors from employees. They evaluate your employment, determine misclassification, and collect lost earnings, benefits, and damages.
A professional attorney can assess your case, analyze complex labor laws, and protect your rights. They can help you recover lost wages, benefits, and overtime and classify correctly.
You may need an employee misclassification attorney if you are classified as an independent contractor without health insurance, overtime compensation, or unemployment insurance despite working for a firm.
Misclassification can lead to pay gaps and benefits. An employee misclassification attorney can assist you in suing or negotiating wages, overtime, and benefits from your employer.
Discuss your situation with an employee misclassification attorney before hiring. Your attorney will assess your case, gather evidence, and advise you. Contingency-based employee misclassification lawyers only get paid if you win.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult a qualified wrongful termination lawyer in Los Angeles, California, for advice specific to your situation.
