In California, independent contractor misclassification of jobs is common in these industries:
- Construction
- Garment Workers
- Restaurants
- Hospitality
- Janitorial Services
- Information Technology
Misclassifying workers and independent contractors carries serious consequences, aside from the possibility of being criminally charged and have to pay steep fines or a lawsuit settlement, the business would also have to pay attorney's fees for litigation if the case goes to trial. Litigation can make big holes in deep pockets and coupled with all the other consequences can devastate a business and even put a company out of business.
The risk of misleading job seekers into an independent contractor relationship when they are actually employees, as defined by state and federal laws, is very high. Some employers think that defining the independent contractor relationship in a contract with the signature of a new hire justifies and frees them from legal infractions, federal or state investigations, and lawsuits. However, this is a widely held misconception. The best civil lawyers in California know that it doesn't matter what a contract says if the contract is not compliant with state and federal laws. State and federal laws are always preeminent of anything that is stated in a contract.
The statute of limitations for an individual filing a lawsuit in California for being misclassified as an independent contractor ranges from 1-4 years. Many California lawyers will take wage and hour cases on contingency, though some may charge a small fee for an initial evaluation. Usually, these types of cases are more likely to be taken by an attorney if you worked overtime but were not paid, were not paid the minimum wage or for lost benefits. These lawsuits often contain many different threads of civil and employment law that are being disputed. Thus, the best civil attorneys for these types of lawsuits are those that have various expertise in civil and employment law.
If you are seeking an independent contractor job or are an employer who would like your independent contractor agreements reviewed or written, it is best to seek counsel from lawyers before entering into a contract. Without the counsel of an attorney you may be liable for particular items and or you may expose yourself to lawsuits and severe penalties unknowingly.
If you are an employee or employer who is experienced a dispute over labor and employment laws or would like advice on how to best protect yourself, talk to LibertyBell Law Group civil lawyers in California, who have expertise in these matters, and call 855-200-ATTY (855-200-2889).
The statute of limitations for an individual filing a lawsuit in California for being misclassified as an independent contractor ranges from 1-4 years. Many California lawyers will take wage and hour cases on contingency, though some may charge a small fee for an initial evaluation. Usually, these types of cases are more likely to be taken by an attorney if you worked overtime but were not paid, were not paid the minimum wage or for lost benefits. These lawsuits often contain many different threads of civil and employment law that are being disputed. Thus, the best civil attorneys for these types of lawsuits are those that have various expertise in civil and employment law.
If you are seeking an independent contractor job or are an employer who would like your independent contractor agreements reviewed or written, it is best to seek counsel from lawyers before entering into a contract. Without the counsel of an attorney you may be liable for particular items and or you may expose yourself to lawsuits and severe penalties unknowingly.
If you are an employee or employer who is experienced a dispute over labor and employment laws or would like advice on how to best protect yourself, talk to LibertyBell Law Group civil lawyers in California, who have expertise in these matters, and call 855-200-ATTY (855-200-2889).
