Riverside Employee Misclassification/Independent Contractors Lawyer
Major differences exist between workers who are classified as employees and those classified as independent contractors. For employees, Riverside employers are required to perform certain tasks like tax withholdings and to provide certain benefits, while employer responsibilities are significantly lessened for independent contractors. Likewise, employees have rights under California law and should be able to expect that employers will provide them with the benefits associated with an employer-employee relationship. Accordingly, proper classification of workers is essential, yet workers are often misclassified to the detriment of the employer and the employee.
If you have questions about employee misclassification or the rights of employees versus independent contractors, an experienced Riverside employee misclassification lawyer at our firm can help.
Employees Versus Independent Contractors in Riverside, CA
Employees have rights that independent contractors do not have, and employers have certain obligations and responsibilities when it comes to employees that they do not have concerning independent contractors.
What is the difference between an employee and an independent contractor? Generally speaking, employers have greater control over employees and an employer-employee relationship has been established, whereas independent contractors have more freedom in how and when they perform their work.
ABC Test for Determining Whether a Worker is an Employee or an Independent Contractor in Riverside
To determine whether a worker is an employee or an independent contractor, California law requires most employers to use the ABC test. Under this test, a worker must be classified as an employee (rather than an independent contractor) unless an employer can prove all three of the following:
- “The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact”;
- “The worker performs work that is outside the usual course of the hiring entity’s business”; and
- “The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.”
Exceptions to the ABC Test in Riverside, California
There are some situations in which employers do not need to apply the ABC test in order to classify a worker. Examples include:
- Worker classification statuses defined by the California Legislature or by the Industrial Welfare Commission (IWC);
- Situations in which California courts have determined that the multifactor Borello test should be applied instead of the ABC test; and/or
- In specific industries and occupations, such as those related to music creation or marketing or promotion or distribution, certain licenses health care providers, certain licensed attorneys, certain licensed architects and engineers, direct salespersons, licensed commercial fishers, some registered securities broker-dealers, some competition judges, and/or some home inspectors.
Seek Advice from Our Riverside Employment Law Attorneys
Employee misclassification can be a serious problem for employees and employers alike. Employees may be unable to obtain the benefits to which they are entitled under the law, and employers could face serious consequences for misclassifying an employee. If you believe you have been misclassified as an independent contractor and need assistance filing a claim, or if you are an employer who has concerns about employee misclassification, one of the experienced Riverside employment lawyers at our firm can begin working with you today. Contact the Law Office of Karen J. Sloat, APC for more information.