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Independent Contractor Misclassification

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Independent Contractor Misclassification

Many businesses label their workers as “independent contractors” even though in reality they are employees. Technology is changing the way we view workers and there appears to be a trend towards misclassifying workers as independent contractors.

Generally, a worker can be considered an independent contractor only if the employing entity establishes all three prongs:

    • the worker is free from the control and directionof the hirer in connection with the performance of the work, both under the contract for the performance of such 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 the work performed for the hiring entity. 

The law does provide for certain types of workers that are exempt from this law. Contact an attorney to find out if you are properly classified as an independent contractor.

Misclassified Independent Workers are Deprived of Many Rights and Protections:

    • Independent contractors are not subject to California minimum wage and overtime protections;
    • Independent contractors have no workers’ compensation coverage if injured on the job, no right to family leave;
    • Independent contractors have no unemployment insurance;
    • Independent contractors have no protection against employer retaliation.

 

Often employers misclassify workers for nefarious reasons such as avoiding payment of workers compensation for employees, avoiding payment of employer’s share of the workers payroll tax, avoiding paying minimum wage and providing lawful meal and rest periods, and avoiding , paying minimum and overtime wages, providing meal and rest periods.  The misclassification of employees is illegal and carries substantial penalties.

Call us at 310-975-7095

If you believe you are misclassified as an independent contractor, do not hesitate to contact Duel Law. Duel Law has been successful at collecting millions of dollars on behalf of misclassified employees.

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270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

Quick Links

Contact

270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

Quick Links

Contact

270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

Disclaimer

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

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