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If your employer treats you like an employee but labels you as an independent contractor, you may be a victim of worker misclassification. This practice denies you minimum wage protections, overtime pay, workers compensation, unemployment insurance, and other benefits you earned. Mercer Legal Group represents misclassified workers in Los Angeles and throughout California who deserve proper classification and fair compensation.
Independent contractor misclassification occurs when companies misclassify employees as self employed workers to avoid paying benefits and taxes. When your job is controlled by an employer—including your schedule, tools, and methods—you are likely an employee, not an independent contractor.
California uses the ABC test to determine whether a worker is an employee or independent contractor. Under this standard, you are presumed an employee unless the company proves: (A) you are free from control and direction, (B) you perform work outside the company’s usual business, and (C) you are engaged in an independently established trade.
Wage and Hour Violations: Misclassified employees often lose minimum wage guarantees and overtime pay. The Fair Labor Standards Act and California labor laws require employers to compensate properly classified workers for all hours worked.
Denial of Benefits: When employers misclassify workers as independent contractors, those workers lose access to health insurance, retirement plans, paid sick leave, and vacation pay that employees receive.
Tax and Insurance Issues: Misclassified workers must pay both employee and employer contributions to Social Security and Medicare taxes. They also lose state unemployment insurance protection and workers compensation coverage.
Industry-Specific Cases: Misclassification is common among truck drivers, construction workers, gig economy workers, and delivery personnel. These industries frequently label employees as independent contractors despite controlling their work.
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California has some of the strongest protections for misclassified workers in the nation. Assembly Bill 5 codified the ABC test, making it harder for companies to classify workers as independent contractors. The Labor and Workforce Development Agency and Department of Labor actively investigate employee misclassification claims.
Misclassified employees may recover unpaid wages, overtime, penalties, and interest. Class action lawsuits allow groups of similarly misclassified workers to pursue claims together. Case value depends on duration of misclassification, wages lost, and benefits denied.
Proving your employment status requires thorough analysis of your working relationship. An independent contractor misclassification attorney understands how to gather evidence, apply the ABC test, and build claims against employers who misclassify workers.
Many employers use written contracts labeling workers as independent contractors, but these documents do not determine your actual worker classification. Courts and state agencies examine the reality of your working conditions, not just paperwork.
Mercer Legal Group represents employees throughout Los Angeles, the San Fernando Valley, and surrounding California communities. Our employee misclassification lawyers have handled cases involving unpaid wages, denied benefits, and employer retaliation.
We investigate your working conditions, review your pay records, and determine whether you have been properly classified. If your employer controls your work like an employee’s but denies you employee type benefits, we can help you pursue legal claims.
We evaluate whether your worker’s status qualifies as employee or independent contractor under the ABC test. We calculate lost lost wages, denied benefits, and unpaid employer contributions to Social Security and Medicare. We handle negotiations with employers and pursue legal proceedings when necessary.
For workers facing retaliation after raising misclassification concerns, we pursue additional claims to protect your rights and recover damages.
1. Contact Our Office: Call Mercer Legal Group at (818) 351-2137 to discuss your situation with an independent contractor misclassification lawyer.
2. Gather Documentation: Collect pay stubs, contracts, work schedules, and communications showing how your employer controlled your work.
3. Case Evaluation: Our misclassification attorney reviews your evidence and explains your legal options.
4. Pursue Your Claim: We file claims with appropriate federal and state agencies or pursue litigation to recover what you are owed.
If you believe you have been misclassified as an independent contractor, time limits apply to your claims. Contact Mercer Legal Group to speak with an employee misclassification attorney about your case. Call (818) 351-2137 to schedule a case evaluation.
