The vast majority of people that call our office and tell us their employer classifies them as an Independent Contractor are being "Cheated."
Misclassified employees are usually cheated out of wages. Typical examples, are: your boss wants you at you at a specific location at a specified time to do work. You get there on time, but there is nothing to do and your boss has you standing around for an hour. An hour goes by and then you begin the actual work. However, your boss only wants to pay you when you start the actual physical work. Don't fall for this! You were under the control of your boss from the time you were ready for work. Your boss tells you he only pays while you are working. Your boss may even tell you that he doesn't pay by the hour, only upon the completion of your job. Furthermore, your boss classifies you an independent contractor to avoid paying workers compensation insurance, employment taxes, sick pay and other expenses. Your boss may even be requiring you to use or buy your own tools, car or equipment, all without reimbursing you. This all falls under "Wage Theft."
Under the California case of Dynamex, there is what is called the A B C Test to determine when a person is an employee or independent contractor.
Dynamex A B C Test
- Part A: Is the worker free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact?
- Part B: Does the worker perform work that is outside the usual course of the hiring entity's business?
- Part C: Is the worker customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity?
To determine if you are an employee and due wages, expense reimbursement and unpaid taxes for your retirement can be a daunting analysis of facts and law.
I invite you to telephone The Law Offices Of Scott A Miller for a free and confidential consultation. If we agree to take your case, mostly, we work on a "no recovery, no attorney fee" basis.