Misclassification Attorney in California

Misclassification in California

Every employee or worker will have a classification. Employers classify every employer or worker as either exempt or non-exempt. These classifications are quite important, because exempt workers are not entitled to overtime pay, but non-exempt workers are.

Unfortunately, employers very often misclassify workers, who should be employees, as independent contractors in order to exclude those workers from overtime pay. But a worker is not an independent contractor just because the employer says so; there are specific requirements.

While Fair Labor Standards Act (FLSA) as a federal law protects workers and employers from such occurrences, you may need to reach out to an employment attorney to see if you have a case, especially if your employer fails to pay fair wages.

Contact our employment law legal team at Soho Law now! Call us now at 310-803-9560 for a FREE CONSULTATION

What is Misclassification?

Misclassification often refers to the employers attempting to “misclassify” workers as “independent contractors” to exclude them from overtime pay. This can lead to a significant reduction of wages and benefits an employee deserves.

Common examples may include:

  • Designating an employee as overtime-exempt status when they may actually be non-exempt – or vice-versa.
  • Classifying an otherwise full-time employee as a temporary hire or an independent contractor.


Both state and federal laws have strict guidelines in place to determine the classification of each and every employee in California.

Impacts of Misclassification

Misclassification can lead to serious impacts on a person’s employment, especially their working conditions. Some common instances may include:

  • Not receiving overtime pay
  • Not being qualified for meal and rest breaks
  • Not receiving a steady paycheck for their work


If a full-time employee is “misclassified” as an “independent contractor”, the company will not be required to give them some of the same benefits as a permanent employee. Not only will this impact their salary, it will also prevent the employee from receiving:

  • Paid time off
  • Healthcare
  • Retirement
  • Insurance for Unemployment
  • Further legal protections

What To Do When Facing Misclassification?

Misclassification is illegal under California state law. However, employers frequently attempt to misclassify employees and workers. In order to file a claim, workers must be classified as employees, unless the employer can prove the worker:

  • Performs tasks that our outside the business’ usual course of business activities.
  • Operates in an occupation or business of the same nature as the work they are currently performing
  • Is Free to perform services without control or direction of the company


There are also exceptions, including those who are exempt from Assembly Bill 5, like attorneys or real estate agents.

We strongly recommend contacting an attorney to pursue the workplace benefits you deserve. An attorney can assist by looking into the conditions and circumstances to help you file your claim.

Contact a Misclassification Attorney in California Now!

Misclassification often becomes a huge challenge for employees. We understand your concerns and grief that may come with your case. At Soho Law, we advocate for your rights and fight relentlessly to stop the unlawful mistreatment you have been receiving.

We care for your rights as an employee and hold employers accountable for any form of discrimination or misclassification. With offices in California and New York, we work tirelessly and fight for your rights as an employee. Call us now at 310-803-9560 or click here to fill our contact form for a FREE CONSULTATION.