Why California Residents Shouldn’t Stand For Common Employment Misclassification

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Theo Khachaturian
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Phone:(951) 309-0188

RIVERSIDE, California – February 23rd, 2024 – Many perks come with being a full-time employee at an organization. As such, it’s no surprise that when some employers mistakenly or purposely take benefits away from workers, they are unhappy. Employers may do this by unlawfully misclassifying their employees.

In fact, in the U.S. alone, approximately 10-20% of employers have misclassified employees. Any employee can be a victim of misclassification, but this unlawful behavior happens more often in some industries. Employers in California sometimes misclassify employees, particularly those in housekeeping, home healthcare, landscaping, and construction.

Misclassification can lead to denying employee benefits, including overtime compensation, and expose workers to unfair labor practices. However, regardless, employers must be held accountable for failing to comply with state labor laws. If a hiring entity tells an employee that they are an independent contractor, it isn’t necessarily true.

Instead, affected employees should examine their work rights and responsibilities to see if the independent contractor title fits. Employers can generally use two different tests when determining a worker’s status. The two principal tests in California are the ABC Independent Contractor Test and the Borello Independent Contractor Test.

These tests consider the level of control exerted by the company, the nature of the worker’s business, and the integral nature of the work to the hiring entity. The consequences of misclassification to California employees include loss of critical workplace protections, like minimum wage, overtime pay, and unemployment insurance. Additionally, it can lead to financial losses for employees due to missed compensation.

Misclassification not only affects non-exempt employees, but also those who are exempt. For an employer to claim exemption status, the job duties and wages must align with the exempt job title. If misclassification occurs, employees can seek legal action and pursue recovering lost wages and penalty payments for willful violations.

An experienced employee misclassification attorney assists misclassified workers in recovering damages while ensuring employers are held accountable. Workplace Rights Law Group LLP, a prominent Southern California law firm, advocates for misclassified employees and protects their rights. They provide individualized attention to each client, helping them seek the justice they deserve.

WRLG stands ready to support misclassified employees in California, upholding their rights in the face of unlawful employment practices. The firm understands that every employee has a unique story to tell. That’s why their team of trial lawyers takes each case seriously.

Resolving workplace issues is a complex task. It requires a tailored approach that acknowledges the individual client’s needs. WRLG attorneys can develop winning strategies through patience, tenacity, and expertise. They don’t take every case but are committed to fighting for justice.

Individuals can contact the firm’s office or online to schedule a consultation.