Independent Contractor Misclassification
An independent contractor is a self-employed individual who is responsible for paying his or her own income taxes, Social Security taxes and Medicare taxes. On the other hand, employers are responsible for withholding income, Social Security and Medicare taxes from employees. Employers are also responsible for paying unemployment tax on employee wages.
If you have been misclassified as an independent contractor, you may have been underpaid in many ways. At Gigliotti & Gigliotti, our lawyers have protected the rights of workers throughout Southern California for more than 25 years. We can protect your rights and obtain full and fair compensation on your behalf. Complete our online contact form to schedule your free phone consultation.
Independent Contractor Or Employee?
Our attorneys have extensive knowledge of California’s labor laws. Our firm’s primary practice is dedicated to resolving wage and hour claims on behalf of employees. When an individual has been misclassified as an independent contractor, he or she may be able to recover damages for wages, uncollected Social Security and Medicare taxes, vacation pay and more.
To determine if a worker is an independent contractor or an employee, three categories are examined. These categories include the following:
- Behavioral control: Is the business directing and controlling how the worker does the task? How defined are the instructions to perform the work? Does the worker receive any training throughout the course of their employment?
- Financial control: Is the business controlling business aspects of the worker’s job? Are expenses reimbursed or unreimbursed? Are the worker’s services made available to other businesses?
- Type of relationship: Does the business provide the worker with insurance, a pension plan, vacation pay, sick pay and other benefits? Will the relationship continue indefinitely or for a specific project or period of time?
There are many more questions to consider as the status of a worker is determined. Gigliotti & Gigliotti can talk to you regarding your status, answer these questions and more, and determine your classification. If you have been misclassified as an independent contractor, you may be entitled to monetary damages.
Our firm provides skilled legal services to independent contractors and employees. Call us today at 800-560-1081 for a free phone consultation.