Independent Contractor Misclassifications
Helping File Class Action Lawsuits For Independent Contractor Misclassification
In this economy, more and more employers are hiring people as independent contractors instead of as regular full-time or part-time employees. However, this may not be legal and you may be entitled to back wages and other benefits if you have been incorrectly classified. Consulting with an experienced attorney should be your first step towards asserting and protecting your rights.
If your employer is not paying you the compensation because you are being subject to intentional misclassification, the attorneys at The Armstrong Law Firm are here to enforce your rights. We can file a class action lawsuit to represent every employee in the company who is subject to independent contractor misclassification. We represent employees throughout the San Francisco Bay Area, including Oakland, San Jose and Marin County.
There are several factors that are evaluated to determine if someone is an independent contractor. Are you required to wear the company uniform? Do you perform all of the same duties as full-time or part-time employees? Do you report to the same office every day? Generally, the more control an employer has over a worker’s day-to-day responsibilities, the more likely the worker is an actual employee. We can analyze your current situation to see if you and other people in your situation are being misclassified as a group.
Employers often classify people as independent contractors in order to avoid paying:
- Certain payroll rates
- Overtime pay
- Workers’ compensation insurance
- Disability benefits
- Health insurance
- Paid time off
- Other traditional employee benefits and protections
The law imposes costly penalties on employers who have improperly classified an employee as an independent contractor. Depending on the circumstances, an employer may also be liable for other damages under applicable laws such as a judgment for wages owed, or medical expenses for a worker who has been injured on the job.