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Employers who label workers as 'independent contractors' often save money by denying them overtime, benefits, and legal protections. California's ABC test makes misclassification illegal for most workers, and entitles you to unpaid wages plus substantial penalties.
Attorney of the Year — California Lawyers Association No fee until we winUnder AB5, a worker is presumed to be an employee unless the employer proves all three prongs: (A) free from company control, (B) performing work outside the company's usual business, and (C) independently established in that trade.
Proper employees are entitled to overtime, meal breaks, expense reimbursement, unemployment insurance, and workers' compensation. Misclassified workers receive none of these.
You can recover unpaid wages going back 3 years. PAGA penalties have a 1-year window. Contact us before the lookback period closes on your claim.
California law prohibits employers from terminating, demoting, or punishing workers who assert their right to proper classification. A retaliation claim adds value to your case.
No industry is immune. If you perform work controlled by a company, work primarily for that company, and are not independently established in that field, California likely considers you an employee.
Rideshare, delivery, and platform workers who operate under significant company control may be employees under California's ABC test.
Workers hired through contractors who control their hours, equipment, and methods are commonly misclassified in the construction industry.
California has specific rules for trucking company drivers, many of whom have been found to be improperly classified as independent contractors.
Freelancers in fields like marketing, tech, and media who work exclusively for one client and integrate into that company's operations.
Home health aides and healthcare workers placed by agencies are frequently misclassified and denied proper wages and benefits.
Misclassification claims involve documentation and timing. Here's how to build the strongest possible case before approaching your employer or filing a claim.
Write down how your work is assigned, how closely you are supervised, what equipment the company provides, and whether you can work for others.
Save all invoices, pay stubs, and 1099 forms. They establish what you were paid and the period of your working relationship.
Unpaid overtime, missed break premiums, expense reimbursements, and denied benefits can add up significantly over a multi-year working relationship.
Resigning could affect certain claims. Let us advise you before you make any decisions about your employment.
Employers sometimes offer small settlements to misclassified workers in exchange for releasing all claims. The value of a proper misclassification case is often far larger.
We evaluate the full scope of your misclassification, calculate what you are owed, and pursue the most effective available claim.
Not only was Arya easy to communicate with, incredibly intelligent with how he planned to achieve the goals, but he was also very warm and caring. I really enjoyed working with Arya. Warm, ethical, and intelligent is a great combo!
I cannot recommend L&F Brown highly enough. From the start of my case they were professional, talked me through the process and genuinely cared about my situation and concerns. My case went far longer than any of us expected, and I was ready to just accept the first settlement, but Arya and Curt fought to get me what I was entitled to. All in all, they went above and beyond at every step and I felt supported throughout my experience with them.
My husband was involved in a car accident back in February, and now that everything has been resolved, I just wanted to say how grateful we are for this amazing team. Everyone was incredibly kind, organized, and easy to communicate with. They always kept us updated, answered every question we had, and made sure we understood what was happening every step of the way. Having someone we could trust took so much stress off our shoulders during an already difficult time.
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Misclassified workers can recover unpaid wages, the value of denied benefits, and substantial penalties, often going back 3 years.
All hours worked over 8 in a day or 40 in a week that went uncompensated.
One additional hour of pay for each missed break during the misclassification period.
Costs you covered that proper employees would have had reimbursed, mileage, equipment, tools.
Health insurance contributions, retirement plan match, and paid leave you would have received as an employee.
Civil penalties under the Private Attorneys General Act, often substantial in class or representative actions.
California's fee-shifting rules typically require the employer to pay your legal fees if you prevail.
Misclassification Lawyers in California
Free consultation. No fees unless we recover what you're owed.
