What difference does it make if a worker is an employee rather than an independent contractor?
Employees are protected by California's wage and hour rules (e.g., minimum pay, overtime, meal times and rest breaks), workplace safety standards, and retaliation laws, whereas independent contractors are not. Additionally, workers can seek enforcement of these regulations through state agencies such as the Labor Commissioner's Office, whereas independent contractors must resolve their issues or defend their contract rights through other ways.
Employers frequently misclassify workers for malicious reasons, such as avoiding paying workers compensation, avoiding paying the employer's portion of the workers payroll tax, avoiding paying minimum wage and providing lawful meal and rest intervals, and avoiding paying minimum and overtime salaries. Employee misclassification is prohibited and bears severe consequences.
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When Worker is Considered as Independent Contractor?
Many businesses refer to their staff as "independent contractors" when they are actually employees. The way we view labour is changing as a result of technological advancements, and there appears to be a trend toward misclassifying workers as independent contractors.
- The worker is free from the control and directionof the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact.
- The worker performs work that is outside the usual course of the hiring entity’s business.
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
Certain sorts of workers are exempt from the law, according to the statute. To determine whether you are appropriately classified as an independent contractor, consult an attorney.
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Employees are protected by federal and state legislation. Employees who believe they have been subjected to workplace sexual harassment or discrimination may consult an employment lawsuit attorney. A lawyer can assess the situation and explain the employee’s choices. In the interim, workers should maintain precise records of any workplace harassment they encounter.
California law guarantees food and rest periods. Employees who believe they are not getting the breaks they are entitled to can see an employment dispute attorney. A lawyer may assess the matter and advise the employee on his or her choices, which may include suing. A potential claimant should read the company’s employment regulations and maintain precise records of their hours worked and breaks taken.
When you are dealing with a legal issue, you need to know that you have a qualified and experienced attorney on your side who will not stop until your case is settled in your favour. At Pacific Attorney Group, you’ll receive precisely that. We know the law and how to make it work for you after more than 70 years of combined expertise.