Moreno Valley Employee Misclassification & Independent Contractor Lawyer
At the Law Office of Karen J. Sloat, APC, our Moreno Valley employee misclassification & independent contractor lawyers are proud to provide superior legal representation to employers and employees throughout Southern California. If you have any questions about worker classification under state or federal law, we can help. For a strictly confidential case evaluation with a top-rated Moreno Valley, CA employment lawyer, please contact us today.
Why Worker Misclassification Matters
Misclassification happens when a business or organization incorrectly (and unlawfully) labels an individual worker as an independent contractor instead of an employee. It is crucial that all workers are properly classified in accordance with state law. An employer can face serious sanctions if it misclassified an employee as an independent contractor.
The issue matters because independent contractors are not protected by key labor laws, including minimum wage regulations, overtime regulations, and meal and rest break rules. Further, a worker wrongfully classified as an independent contractor cannot file for workers’ compensation benefits after an accident.
Worker Classification Laws in California (Employee vs. Independent Contractor)
California has among the most complex, comprehensive employee classification laws in the United States. In the fall of 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The bill regulates employee classification—including determining when an employer can (and cannot) label an individual as an independent contractor. Under the law, California uses an “ABC” test for worker classification. A worker can only be lawfully classified as an independent contractor in Moreno Valley if all three of the following criteria are met:
- The worker is free from direct control and supervision by the hiring company/entity;
- The worker performs work outside of the normal scope of business of the hiring business/entity; and
- The worker has established an independent trade and they are providing services consistent with that trade.
The ABC test for employee classification is strictly applied. If any of the three conditions are not satisfied, then the individual should be labelled as an employee, not an independent contractor.
Why Work With Our Southern California Employment Law Attorneys
Employee classification claims are complicated. Many businesses, organizations, and individual workers have questions about state/federal regulations. We are here to help you find the best solution. Among other things, our Moreno Valley, CA work misclassification lawyers will:
- Review your employment law matter during a confidential consultation;
- Investigate the worker classification issue, securing relevant evidence; and
- Take whatever legal action is necessary to help you secure the best outcome.
One-size-fits-all approaches are not good enough in employment law cases. We believe that employers and employees deserve personalized attention. With client testimonials and peer recognition, our Moreno Valley, CA employment lawyers know how to get results.
Contact Our Moreno Valley Worker Misclassification Lawyers for Immediate Help
At the Law Office of Karen J. Sloat, APC, our Moreno Valley employment attorneys handle worker/ independent contractor misclassification claims. With experience advocating for both employers and employees, we provide well-rounded representation. Call us now or connect with us online to set up your strictly confidential appointment with an attorney. Our law firm serves clients in Riverside County and throughout Southern California.