Am I misclassified as an independent contractor?

If your employer has told that you that you are an independent contractor, it is important to make sure this classification is correct. After all, independent contractors who suffer injuries in the workplace are not entitled to workers' compensation benefits, according to the Department of industrial Relations. Additionally, you should realize that many employers in California have intentionally misclassified workers as independent contractors in order to bypass workers' compensation laws and other obligations that employers have toward employees.

If you are unsure of whether or not you should be classified as an independent contractor, the DIR provides a number of pointers to keep in mind. You may not be an independent contractor if the person who pays you has control over your work, is able to fire you, provides work supplies or has the ability to make you work certain hours or days. Furthermore, if you are paid an hourly wage or have deductions taken out for Social Security and unemployment, it is unlikely that you are an independent contractor.

For example, if you are a house cleaner and were told that you are self-employed, but you don't provide your own cleaning supplies or you have to work on a schedule that the company sets up, your employment status may be misclassified. Independent contractor misclassification is also somewhat common if you work in industries such as construction, health care, home maintenance, landscaping and lawn care, retail transportation and food.

This piece was written for informational purposes only and should not be misunderstood as legal counsel.

No Comments

Leave a comment
Comment Information
The state bar of california | July 29th 1927 Avvo Consumer attorneys California Aba The American Trial Lawyers Association | The association San Bernardino County Bar Nolo Law for All
| Email Us For A Response

Talk To An Attorney For Free

It will cost you nothing to discuss your case with one of our experienced attorneys. In fact, we handle all cases on a contingency basis, which means you only pay if we provide results.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Kampf, Schiavone & Associates
715 N. Arrowhead Ave.
Suite 104
San Bernardino, CA 92401

Toll Free: 800-658-6851
Fax: 909-384-0673
San Bernardino Law Office Map