Misclassification

One of the common employer defenses we come across when representing employees in wage claims is the “independent contractor defense”. The argument goes, since the worker was only an independent contractor and was never an employee, the worker falls completely outside of the protections of the labor code and his claim must be dismissed. It…

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Whether you are an employee or an independent contractor depends on more than what your employment contract or offer letter says, whether you get a Form 1099 or W2 at tax time, or even what your boss tells you. The distinction is critical, as employees enjoy the benefits and protections of the California labor code…

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