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Common Industry Violators - Independent Contractors

In our experience, some businesses and industries are more prone to violate California's labor and employment laws than others. If you are, or used to be, employed in one of the following industries, please read further to see if you may have legal claims against your employer.

Independent Contractors

Some employers misclassify workers as independent contractors to avoid the expense of having to pay minimum wage, overtime, provide meal and rest breaks and avoid paying payroll taxes, unemployment insurance and other benefits. Whether a worker is a true independent contractor requires a determination of how much control the employee had over his or her daily job duties and is based on an analysis of the following factors:

  • Whether the person performing services is engaged in an occupation or business distinct from that of the employer;
  • Whether or not the work is a part of the regular business of the employer;
  • Whether the employer or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
  • The alleged employee’s investment in the equipment or materials required by his task;
  • The skill required in the particular occupation;
  • The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
  • The alleged employee’s opportunity for profit or loss depending on his managerial skill;
  • The length of time for which the services are to be performed;
  • The degree of permanence of the working relationship;
  • The method of payment, whether by time or by the job;
  • Whether or not the parties believe they are creating an employer-employee relationship.

If you’ve been classified as an independent contractor and feel you’ve been a victim of these, or other unlawful employment practices, contact us today for a free case evaluation and to discuss your options.