Employee Misclassification

Employers sometimes misclassify employees as independent contractors in an attempt to avoid paying overtime and other benefits. This not only hurts the employee by withholding benefits they deserve, but it hurts the federal and state governments by withholding tax revenues.

Our attorneys and staff at the office of Jay S. Rothman & Associates can assist in determining whether you have been properly classified as an independent contractor. Contact our Los Angeles County employee misclassification claim lawyers today to schedule your free initial consultation.

Woodland Hills, California, Overtime Law Lawyer

Classification as an independent contractor allows employers to avoid state and federal employment laws that require employers to offer benefits to their employees and pay taxes on the employee's behalf. This includes allowing employers to avoid paying overtime.

The main factors to be considered in whether an employee has been misclassified as an independent contractor are:

  • How you perform your job and where, including any restrictions placed on your work
  • Contribution of your job to the product or service offered by the employer

Our employment law attorneys will listen carefully to the details and circumstances surrounding the work you perform as an independent contractor to determine if you have been misclassified. If you have been misclassified, we will pursue reclassification to ensure you receive the benefits to which you are entitled.

We can also assist if you lost your contract after complaining that you were misclassified - this form of whistleblower retaliation is strictly prohibited under California law.