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Have You Been Misclassified As An Independent Contractor(IC)?

Independent Contractor(IC)

 In California, employees have significant rights that are not provided to independent contractors. As such, employers tend to misclassify employees as IC knowingly to avoid paying overtime and other federal or state wages rules. There is a vast difference between an employee and an independent contractor. As an employee in California, you want to make sure that you are being treated right. Your employee should not save money while violating the rules. Taking the necessary legal steps can bring to an end such violations. Unless you meet the desired qualification of an independent contractor, you should be treated as an employee.

 Who Is An Independent Contractor?

An independent contractor is a person who performs a job according to their own ways. Meaning, he/she is not subjected to anyone’s control except where there is a mutual agreement to work on a particular job. In California, the ABC test’s adoption helps determine whether a worker is an employee or an IC. You are considered an independent contractor if the below three factors are satisfied:

 In California, anyone misclassified can file a wage and hour lawsuit. The only distinction comes about due to the protections made available to employees by the California wage and hour law. There are huge penalties for employers who violate the law. If your employer has misclassified you as an independent contractor, you have the right to look for an employment law attorney in Alaska to help you file a claim. Any misclassification means that you have been:

 If your employer has misclassified you, it most probable they were doing this to avoid payment of taxes or insurance or payment of workers’ comp insurance.

What To Do If Not Being Treated As An Employee

 Remember that if you have been misclassified as an independent contractor, your employer denies your workplace rights. As an employee, you are entitled to minimum wage, leave or sick pay, overtime and rest breaks. Indeed, employers save themselves lots of money when they misclassify employees as ICs. Unfortunately, many employees are not aware of the misclassification. Worse enough, they don’t know how to act when in such a situation. The fact is that there are so many steps you can take after realizing you are being misclassified as an independent contractor. They include:

 Getting Legal Help

 For the law to determine whether you have been treated as an IC, they will assess the degree of control over the work you do. This could include details of when and where you perform the job. If it’s determined that you have been misclassified, then it’s your chance to recoup back all you have lost. You should file a lawsuit with the help of an experienced employment attorney. Your employer will be required to pay back taxes, and other penalties deemed fit by the court. If misclassified as a group, you can also file a class-action lawsuit. 

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