Wage & Hour Law

Los Angeles Independent Contractor Misclassification Lawyer

You May be Owed Thousands in Unpaid Wages and Benefits

Many California employers improperly classify workers as independent contractors instead of employees. While legitimate independent contractors exist, some businesses use this classification to avoid paying overtime, providing meal and rest breaks, reimbursing business expenses, paying payroll taxes, or complying with other California labor laws. If you have been misclassified, you may be entitled to recover unpaid wages, overtime, penalties, interest, attorney’s fees, and other compensation.

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(213) 725-2919

Unpaid Overtime

Recover unpaid overtime for hours worked beyond eight hours in a workday or forty hours in a workweek.

Meal & Break Premiums

Recover additional compensation when employers fail to provide legally compliant meal and rest breaks.

Expense Reimbursement

California employees are entitled to reimbursement for necessary business expenses

Penalties & Interest

California law provides significant penalties and interest that may substantially increase your recovery.

Attorney's Fees

Many successful employment claims allow employees to recover reasonable attorney's fees and litigation costs.

What Is Independent Contractor Misclassification?

California law distinguishes between employees and independent contractors, and the difference is important. Employees are protected by many of California’s labor laws, including minimum wage requirements, overtime protections, meal and rest break laws, expense reimbursement, unemployment insurance, workers’ compensation, and other workplace rights.

Some employers intentionally classify workers as independent contractors to reduce labor costs. Others simply misunderstand California’s legal requirements. Regardless of the reason, an employer cannot avoid labor laws simply by issuing a Form 1099, calling someone an independent contractor, or requiring the worker to sign an independent contractor agreement.

In many cases, California courts apply the ABC Test to determine whether a worker has been properly classified. If an employer cannot satisfy the legal requirements of that test—or another applicable legal standard—the worker may actually be an employee entitled to significant compensation.

California's ABC Test

A
The worker must be free from the hiring entity’s control and direction in performing the work, both under the contract and in actual practice.
B
The worker must perform work that is outside the hiring company’s usual course of business. This is often the most difficult requirement for employers to satisfy.
C
The worker must customarily engage in an independently established trade, occupation, or business performing the same type of work.

Could You Be Misclassified?

If the company cannot satisfy all three parts of the ABC Test, you may be entitled to unpaid wages, overtime, penalties, and other compensation.

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Signs You May Have Been Misclassified

  • You receive a Form 1099 instead of a W-2.
  • You perform the same work as company employees.
  • The company controls your schedule or daily activities.
  • You are required to follow company policies and procedures.
  • You work exclusively for one company.
  • You are paid a flat daily or weekly rate without overtime.

Damages You May Recover

  • Unpaid overtime wages
  • Minimum wages
  • Meal period premiums
  • Rest period premiums
  • Waiting time penalties (up to 30 days of pay)
  • Wage statement penalties
  • Interest on upaid wages
  • Attorney's fees and costs
  • PAGA penalties (if applicable)

Why Misclassification Happens

Independent contractor misclassification often occurs because employers:

  • Attempt to reduce payroll expenses.
  • Avoid paying overtime and employee benefis.
  • Misunderstand California’s worker classification laws.
  • Require workers to sign independent contractor agreements that do not comply with California law.
  • Incorrectly assume issuing a Form 1099 determines employment status.

California law focuses on the actual working relationship—not simply what the parties call it.

Industries Where We Frequently See Misclassification

Truck Drivers

Delivery Drivers

Construction Workers

Janitorial Workers

Security Guards

Healthcare Workers

Installation Technicians

Warehouse WOrkers

Frequently Asked Questions

Does signing an independent contractor agreement mean I am legally an independent contractor?
No. California courts look beyond written agreements and examine the actual working relationship. An employer cannot avoid labor laws simply by having a worker sign an agreement labeling them an independent contractor. If you’re unsure whether you have been properly classified, GS LAW, APC can review your working relationship and determine whether California law considers you an employee.
The ABC Test is California’s primary legal standard for determining whether many workers are properly classified as independent contractors. In general, the employer must satisfy all three parts of the test to establish that a worker is an independent contractor. Our office can explain how the ABC Test applies to your specific job and evaluate whether your employer properly classified you.

Possibly. If you were actually an employee under California law, you may be entitled to unpaid overtime, meal and rest break premiums, waiting time penalties, expense reimbursement, and other compensation.

GS LAW, APC can evaluate your work history and calculate the wages and damages you may be entitled to recover.

No. A Form 1099 is a tax document—it does not determine your legal employment status. California courts look at the actual facts surrounding your work relationship rather than the tax forms your employer issued.

If you received a Form 1099 but believe you functioned as an employee, we can evaluate whether you have a claim for misclassification.

Yes. Workers do not necessarily have to leave their jobs before asserting their rights. California law also prohibits retaliation against workers who seek to enforce their legal protections.

Our office can explain your legal options and help protect your rights throughout the process.

Every case is different, but employees who were improperly classified as independent contractors may recover unpaid wages, overtime, meal and rest break premiums, unreimbursed business expenses, waiting time penalties, wage statement penalties, interest, attorney’s fees, and other available remedies. GS LAW, APC can evaluate your case and explain the compensation that may be available under California law.

Resources & Articles

Employment Law Guides

Think You May Have Been Misclassified?

Don’t let your employer keep the overtime pay you’ve earned. Contact GS LAW, APC today for a free, confidential consultation. We’ll review your case and fight for the compensation you deserve.
Schedule Your Free Consultation

(213) 725-2919