Independent Contractor Classification Lawyers in L.A.

Independent contractors are not employees. But some companies are misclassifying regular employees as independent contractors in an attempt to avoid providing those workers with fair compensation and employee benefits.

Employees typically receive benefits such as vacation pay, sick pay, and medical and dental insurance. However, employers usually do not provide these benefits to independent contractors. Instead of these benefits, independent contractors are given more freedom to do their jobs as they please.

Workers who are incorrectly and illegally classified as independent contractors, but are actually employees, may be entitled to the benefits and compensation that they would have received if they had been classified correctly, plus damages. According to the IRS, employment status is determinable through three categories: behavioral control, financial control, and the business relationship.

Behavioral Control

Types of Instructions - Employees are told...
- When and where to work
- What tools to use
- Which other workers should be hired
- Where supplies are purchased and serviced
- Who should do specific work
- How to do the work
Extent of Instruction - Employees are provided detailed instructions
- The more detailed the instructions, the more likely the worker is an employee
Evaluation of Work
- Employees are evaluated on how the work is performed and the finished product
- Independent contractors are only evaluated on the finished product
Training Programs - If detailed training is provided to a worker, that worker is an employee.
- Ongoing and recurring training strengthens an employee claim

Financial Control

True independent contractors:

Often invest their own money in the equipment used while working for another person, including tools and other equipment
Are less likely to be reimbursed for costs incurred while working for another person
Have the risk of losing money on any contracted job
Are generally allowed to work for more than one company at the same time, as well as advertise their services
Are sometimes paid in one flat fee for the work performed

Business Relationship

A contract stating a worker is an independent contractor is not proof that a worker is properly classified
If a worker is hired indefinitely, without a specific project or timetable in mind, the worker is likely an employee
If an employer presents a worker's results as its own, the worker is likely an employee.

Our Experienced Team of Attorneys

Our alliance with the experienced Perona, Langer, Beck, Serbin and Mendoza law firm enables us to pursue many different areas of employment law, including independent contractor classification. You can see some of the impressive results our alliance has produced. To schedule a confidential, no obligation, absolutely free consultation, contact us via email using our case submission form or by phone at (800) 333-0000.

The Law Offices of Larry H. Parker has a contingency fee policy. If we don't get you any money, we won't charge you a dime. The Law Offices of Larry H. Parker accepts employment law cases throughout California and Arizona with offices in Long Beach, Los Angeles, Riverside, Bakersfield, Fresno, Phoenix, and Tucson.

Tough times call for tough lawyers. We'll fight for you!

Practice Areas

Independent Contractor Classification Lawyers in L.A.

Behavioral Control

Financial Control

Business Relationship

Our Experienced Team of Attorneys

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