California Employee Misclassification Lawyer
Too many California workers are being denied fair pay, benefits, and legal protections simply because their employer misclassified them.
If you’ve been misclassified as an independent contractor, you’re not only underpaid but also unprotected. But California law is on your side, and our firm is here to help you claim what you’re owed.
In plain terms: an employee is someone whose work is directed and controlled by the company, who earns wages and benefits, and who is protected by state labor laws. An independent contractor runs their own business, sets their own schedule, and typically works for multiple clients.
Under California Labor Code § 2775 and Assembly Bill 5 (AB 5), most workers are considered employees unless the hiring business can pass the strict ABC test (source). This law exists to prevent employers from cutting corners—and to ensure you receive every dollar you deserve.
Not Sure What To Do Next?
Talk to someone who knows how the California misclassification laws work, and what it’s costing you. We’ll explain your options clearly and confidentially.
Our Step-by-Step Process for Misclassification Claims
Step 02
Case Review
Mr. Henderson personally reviews your case.
Step 03
Proceed
If it’s a strong case, we fight for maximum compensation. If not, you owe nothing.
Why Misclassification Costs California Workers Money
When an employer misclassifies a worker as an independent contractor, they strip away some of the most basic protections and rights under California state and federal law.
The financial impact can be immediate and long-term.
Here’s what many misclassified workers lose:
- Unpaid overtime for hours worked beyond 8 in a day or 40 in a week
- Missed meal and rest breaks that employees are legally entitled to
- No access to paid sick leave, vacation days, or family medical leave
- Lack of healthcare benefits, retirement plans, or unemployment insurance
- Unreimbursed business expenses, such as gas, tools, or phone bills
- No workers’ compensation coverage if injured on the job
- No legal protection from retaliation, harassment, or wrongful termination
A rideshare driver working 50+ hours a week while following strict company rules and using only the platform’s app might think they’re a freelancer. Still, under California law, they may be owed thousands in back pay and benefits.
You Don’t Have to Guess What You’re Owed
We’ll review your work history, explain your classification, and show what compensation you can legally claim, at no cost to you.
The ABC Test Made Simple
California uses the ABC test to decide if you’re an employee or an independent contractor. Your employer must prove all three parts are true.
If not, you should be classified as an employee.
| Factor | Quick test | Self-check question |
|---|---|---|
| A | You’re free from control or direction | Can you set your own hours? |
| B | Your work is outside the company’s usual business | Do you perform the firm’s main service? |
| C | You run your own business | Do you market your services to others? |
If you answered “no” to any of these, you may be misclassified under California law.
Red flags that you are misclassified
If you’re paid by the hour and follow a fixed schedule set by the company, that’s a strong sign you may be misclassified. True independent contractors usually control when and how they work.
Another red flag is when your employer provides the tools, equipment, or specific training needed for the job. Independent contractors typically use their resources and expertise to complete tasks.
If you’re told you can’t work for other companies or can only work for one business, you’re likely being treated as an employee, not a contractor.
Contractors are expected to offer their services to multiple clients.
What you can recover under California law
If you’ve been misclassified, you may be owed far more than just missed paychecks. California law allows you to recover unpaid regular wages, overtime, and compensation for missed meal and rest breaks.
You can also seek waiting-time penalties if your employer delayed payment after your job ended. In many cases, you’re entitled to interest on the unpaid amounts and coverage of your legal fees if your claim is successful.
Questions real workers actually ask
How long do I have to take action if I was misclassified?
In California, you usually have up to three years to file a claim. If your case involves a signed contract, you might have up to four years. Waiting too long can cost you thousands.
I signed a 1099 contract. Does that mean I can’t file a claim?
No. California law looks at how you actually work, not what your paperwork says. Even if you signed a 1099, you might still be legally considered an employee.
I’m a freelance designer. Does the ABC test still apply to me?
It might. Some creative professionals, like freelance designers or writers, can be exempt, but the rules are tricky. It depends on how you’re hired and how much control the company has over your work.
What taxes could I get back if I was misclassified?
If you were misclassified, you may be able to recover employer-paid payroll taxes like Social Security and Medicare that should never have come out of your pocket.
Can I get fired for speaking up?
No. California law makes it illegal to fire, threaten, or punish you for filing a misclassification claim. If your employer retaliates, you may be able to sue for even more damages.
What does it cost to hire your firm?
There’s no upfront fee. We only get paid if we win your case. That means no risk to you.
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Table of Contents
What You Deserve & What We Deliver
Contingency-Based Representation
You don’t pay unless we win. Period.
Direct Access to Your Attorney
Every call, every email is handled by Mr. Henderson, not a paralegal
Confidential, Judgment-Free Consultations
Safe space to speak freely. Off the record until you’re ready
Expert Handling of Complex Cases
Over $31M recovered across harassment, retaliation, and discrimination claims against big corporations
Aggressive Negotiation & Trial Readiness
Whether it settles or goes to court, we prepare to win
Clear, No-Nonsense Communication
No legal jargon. Just straight answers & a strong strategy
Time Matters. So Do Your Rights.
If you wait too long, you could lose your right to recover wages and benefits.
Let’s protect your paycheck and future before it’s too late.
Everything you share is 100% confidential. No pressure. No obligation. Just straight answers from an attorney who listens.