Independent Contractors

Independent contractors are those who are working without the full control of a company. They are working based on the details of a contract they agreed with a company or client.

Unlike regular workers, who have full entitlement of the employment rights under the law, independent contractors may only enjoy limited privileges. In fact, employers are not obliged to pay payroll taxes and comply with different laws on overtime or minimum wage , wage and hour law requirements and meal periods and rest breaks when it comes to these employees.

Thus, most employers tend to misclassify their employees as independent contractors so they may avoid their lawful duties.

To help you defend your rights against misclassification, seek the advice of a Los Angeles independent contractor lawyer. You have the duty to know your employment privileges and legal rights to ensure that you are getting what are due to you.

Determining Independent Contractors

The law does not specifically define who is an independent contractor. Hence, interpretations of enforcement agencies and the courts must be considered to determine if a particular situation involves an employee or an independent contractor.

In California, the Supreme Court has adopted the “multi factor” test or “economic realities” test in determining whether an individual is an employee or an independent contractor. The most significant factor in applying the test is whether the employer has control or the right to control the worker.

Moreover, the following factors may also be considered in resolving the issue:

1. The person is engaged in an occupation or business different from that of the employer/principal
2. The task is a part of the regular business of the principal/employer
3. The tools, instrumentalities and place of work is supplied by either principal or worker
4. The person has invested by means of equipment or materials
5. The job requires special skills
6. The task may be done under the employer’s direct supervision or by the individual without supervision
7. The opportunity for profits or loss depend on the skill
8. The extent within which the services are performed
9. The level of permanence of the working relationship
10. The means of payment
11. The belief of the parties that they are or they are not creating an employee-employer relationship

To make things convenient and certain, let our legal team assist you. Our California employment lawyers have more than a decade of protecting the rights of aggrieved employees.

By calling our toll free hotline number or filling out the free case analysis form, we guarantee a top-notch legal representation.