Stockton Employee Misclassification Lawyer

Stockton Employee Misclassification Attorney

Employers in California are required to follow certain laws that protect employees’ rights. One important step is correctly classifying the worker for the kind of work they are hired to do, and violating these laws can have serious consequences for the employer and the worker. If your employer misclassified you in or around Stockton, an employee misclassification lawyer can give you the legal help you need.

Workers Classification in California

There are several classifications for workers in California, and classification can have a significant impact on the pay rate, benefits, and other legal rights the worker is entitled to receive. The classification that applies is dependent on several factors. These include:

• The kind of work the worker does
• The kind of work the company does
• Whether the worker is paid hourly or salaried
• How many hours the employee is scheduled to work

Consequences of Misclassification

When a worker is misclassified, it can have a serious negative impact on their life, including lost wages, lack of medical insurance and other benefits, and not qualifying for unemployment insurance or workers’ compensation. It can also lead to conflicts with employee unions or government agencies like the Social Security Administration, Internal Revenue Service (IRS), or Medicare.

The California Labor and Workforce Development Agency reported that more than 25,000 legal claims have been filed since 2017 against employers for labor violations under its Private Attorney General Act (PAGA).

Full-Time and Part-Time Employees

Full-time employees are provided the highest level of legal protection and benefits from their employer. They are entitled to minimum wage, tax withholding, meal and rest break requirements, workers’ compensation, unemployment insurance, paid sick leave, and family and medical leave. Larger employers are also required to offer health insurance to full-time employees.

Part-time employees in California are entitled to many of the same rights. These include minimum wage, tax withholding, meal and rest breaks, paid sick leave, workers’ compensation, and unemployment insurance. Some, but not all, part-time employees have to be offered health insurance, depending on how many hours they work per week.

Exempt and Non-exempt

Both full-time and part-time employees are classified as either exempt or non-exempt in regard to overtime pay and minimum wage. Non-exempt employees are often paid hourly, and there are limitations on how many hours per day and per week a non-exempt employee can work without being paid overtime. Exempt employees are usually salaried and, therefore, not eligible for minimum wage or overtime pay.

Independent Contractors

Almost 2.2 million Californians are self-employed, and 2/3 are independent contractors or own unincorporated businesses. In California, independent contractors have the least amount of protection and benefits guaranteed by an employer. A contractor pays their own taxes and insurance, and they are not eligible for minimum wage, overtime, or unemployment. However, many independent contractors are now covered under the Freelance Worker Protection Act, which provides protection against unfair practices and retaliation, as well as stricter enforcement.

The ABC Test

There is a set of legal guidelines for companies to use to determine if a worker is an employee or an independent contractor. While there are some exceptions to this test, in some industries or contracting relationships, generally, independent contractors have to meet all of the following conditions:

• The business does not have control over how the worker performs their tasks
• The tasks the worker does aren’t in the normal scope of the business
• The worker routinely does the same kind of work they are doing for the business

Penalties for Misclassification

Misclassified workers can take legal action to recover damages from an employer that misclassified them, including unpaid wages and benefits. For the company, individual or class-action legal claims regarding employment law can cause damage to the employer’s reputation, as well as trust among their employees, investors, clients, regulatory agencies, and the public. More serious cases can also lead to fines from the U.S. Department of Labor.

FAQs

How Much Can You Get for Misclassification in California?

How much you can get for a misclassification claim in California can vary widely and depends on several factors. These include the total amount of lost wages, benefits, and other financial damages, as well as how long the worker was misclassified and the emotional pain and suffering caused by the employer’s actions. In addition, the quality of the evidence against the employer can have a significant impact on the total amount of a settlement.

How Do I Report the Misclassification of Employees in California?

You can report misclassification of employees in Stockton to the California Labor Commissioner’s Office located at 31 Channel Street in Stockton or by calling 209-948-7771. If the violation has to do with taxes, you can report it to the California Employment Development Department, also located at 31 Channel Street, Stockton, or call 209-948-7856. If you have concerns about retaliation or a more complex case, an experienced employment lawyer can help you navigate the claim process.

Can an Independent Contractor File a Legal Claim for Misclassification?

Yes, an independent contractor can file a claim for misclassification if they believe they have been incorrectly classified and should be considered an employee. A misclassified worker may be able to recover unpaid wages with interest, overtime pay, premium pay for missed breaks, and reimbursement for business expenses. The most reliable way to determine if you are eligible to recover damages is to speak with a qualified employment lawyer.

How Long Do I Have to File a Claim in California?

In most misclassification cases in California, you have three years from the last violation to file a legal claim. In some cases, if you file within a year, you may be eligible to file under the Private Attorney General Act (PAGA), which may allow workers to recover additional damages and hold employers accountable, especially in cases with widespread or systemic violations.

For more than ten years, Asbill Law Group, APLC has been helping employees in California obtain the compensation they are owed due to employers who misclassified them. Our goal is to help each client protect their rights and interests, make sure employers are held responsible, and pay their employees the wages and benefits they earn. Contact our office today to schedule a consultation.