California Independent Contractor Law

Are you incorrectly classified as an independent contractor?

Employers sometimes incorrectly classify workers as “independent contractors” or "1099 contractors" rather than "employees" thereby denying them of rights to which employees are entitled under the Fair Labor Standards Act and the California Labor Law. These rights may include overtime pay, meal periods and rest breaks, pay that is at least the minumum wage, and reimbursement for business expenses.

How can I tell if I should be classified as an employee or an independent contractor?

There is no single factor that differentiates an employee from an independent contractor. If there is a dispute as to whether an individual should be classified as an employee or an independent contractor, the California Division of Labor Standards Enforcement (DLSE) "starts with the presumption that the worker is an employee." In order to make a final determination about a worker's employment status, a variety of factors must be examined.

What factors are relevant in determining if I am an independent contractor under California labor law?

Court decisions have provided some guidelines as to which factors are relevant to the determination of whether a worker is an independent contractor or an employee. These include:

• The degree of control that an employer has over a worker;
• The degree to which the worker is engaged in an independent business;
• Whether the person performing services is engaged in an occupation or business distinct from that of the employer's business;
• Who supplies the instrumentalities, tools, and the place for the person doing the work;
• The skill required in the particular occupation;
• The length of time for which the services are to be performed;
• The degree of permanence of the working relationship;
• The method of payment, whether by time or by the job.

What should I do if I believe that I was wrongly classified as an independent contractor?

If you believe that you were misclassified as an independent contractor or if you would like to learn more about California labor law, please fill out the form to the right or call us at (866) 981-4800 for a free consultation.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

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Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.