Business Operations

Differences between Contractors and Employees

Independent contractors are referred to as “independent” for a reason. Though an employer may make certain requests for the results of the contractor’s work, they are ultimately responsible only to themselves. In contrast, employers exercise much more control over workers classified as employees, such as the hours to work, which tools to use and how the job is done.

There are many differences between an independent contractor and an employee. Some of the markers of an independent contracting job include:

  • You are paid by the job, not hourly.
  • You have control over your work hours, not the employer.
  • Your work is part of a one-time task, not an ongoing process.
  • You use your own equipment, materials and tools for the job.
  • Your job requires specific skills and expertise.

For help determining how you should be classified and what your employer may be classifying you as, talk to our employee misclassification lawyer as soon as possible. Your employer may be limiting your benefits and wages by using an incorrect employee classification.

Why California Employers Violate Employment Classification Laws

Staffing is one of the biggest expenses to business owners, the state and nationwide. Employers must pay non-exempt employees overtime when they work over 40 hours a week, in addition to several other employment costs. California employment misclassification laws such as Senate Bill 459 penalizes companies that willfully misclassify employees and do not pay minimum wage, overtime pay, pay for meals and breaks at work due to independent contractor misclassifications.

Employers may also classify a worker as an exempt managerial employee to avoid paying overtime. Typically, these workers receive a salary but may end up working more hours than their job requires without receiving fair compensation at an overtime pay rate. This employment practice is illegal, and you need to talk to experienced California employment attorneys if this is happening to you.

Report Employer Misclassification to a California Employment Attorney Near You

If you suspect that your employment status has been misclassified, contact an employee misclassification lawyer today. Our employment attorneys believe worker rights are important and that your employer must respect your right to receive fair wages. We may be able to help you file an employee misclassification lawsuit to recover unpaid wages and stop this unlawful practices.