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Independent Contractor Misclassification

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Are You Misclassified as an Independent Contractor by an Orange County Employer? Contact an Employment Law Attorney

Construction workers, office workers and sales representatives are often shortchanged by misclassification of their positions. Often, employers will say that employees are "independent contractors" in order to avoid overtime pay and benefits that an employee would ordinarily be entitled to. In fact, when an employer tells a person on a daily and hourly basis where to be at what time and what duties to perform, that person cannot be classified as a contractor, and must be classified as an employee.

If you are misclassified "independent contractor," not only are you being denied wages and benefits such as overtime pay, health insurance, paid vacations and retirement funding, but your employer is also not withholding Social Security taxes as for "regular" employees. This responsibility is left to you. If your Orange County employer has misclassified you as an "independent contractor," you are not covered by workers' comp, and will be on your own if you are injured while working. You will likely be denied paid time off for meals and rest periods.

Our Southern California Employment Law Firm Handles Cases of Misclassification of Contractors in Orange County and San Diego

Contact the Orange County employment law firm of Keegan & Baker, LLP, to schedule a consultation if you believe your employer has misclassified your job. We evaluate potential job misclassifications and advise clients on whether they are eligible to file individual claims or to join class action lawsuits.

Our lawyers are also able to discuss other employment law issues impacting workers in Orange County, such as the requirement that workers be paid prevailing wages on public works projects. Our lawyers are here to answer questions and to help employees enforce California and federal wage and hour laws. Call our law offices or e-mail us through this Web site.