Whether you are an independent contractor in your workplace essentially boils down to how much control you have in the working relationship.
This is a simplified way to put it, so let’s look at what the law says in detail.
The State of California’s factors to classify someone as an employee or independent contractor are often called the ABC test.
The ABC test has four independent contractor factors grouped into a three-part test.
Below, we discuss these factors to help you determine whether your employer has misclassified your work relationship to deny you employment benefits.
If your employer has been treating you like an independent contractor when you qualify as an employee, it needs to pay for its error.
At Workplace Rights Law Group, our skilled employment law attorneys can help make sure your employer pays you everything it owes you.
We have recovered millions on behalf of mistreated employees in California, and we are here to help you. Contact us today to get started.
What Are the California Independent Contractor Factors in the State’s ABC Test?
Having the title of “independent contractor” does not mean you are one. To be classified as an independent contractor in California, the following must be true:
- You are free from the control and direction of the entity that hired you, in the contract with the entity.
- Regardless of what your contract says, the performance of your work is, in fact, free from the control and direction of the entity that hired you.
- You perform work that is outside the usual course of the hiring entity’s business.
- You are customarily engaged in an independently established trade, occupation, or business of the same nature as the work you perform for the hiring entity.
If your working situation does not meet all parts of the above test, you are likely an employee under California law and are entitled to various protections and benefits.
Why Should I Be Concerned About Whether My Employer Properly Classifies Me?
Several significant benefits come with employee status. Typically, employees in California have the following rights that independent contractors rarely have:
- The right to be paid minimum wage,
- The right to unemployment insurance benefits,
- The right to overtime pay,
- The right to workers’ compensation benefits, and
- Rights against employment discrimination.
Along with fewer work-related rights, independent contractors are also responsible for handling the tax implications of the money they make.
We Know How to Hold Employers Accountable
Workplace Rights Law Group can provide you with the best advocate to help you win a workplace dispute.
We have nearly 75 years of experience, and we have recovered significant verdicts and settlements for mistreated employees in California.
If you need help, we hope you will call us at 818-446-1045 or contact us online to schedule a free case review.