Independent Contractor Misclassification

When workers labeled as contractors were really employees entitled to wages, breaks, and benefits under California law.

In plain terms

California generally uses a demanding ABC-style test: the hiring entity must show the worker is free from its control, performs work outside its usual business, and is customarily engaged in an independently established trade. A 1099 form or contractor agreement does not decide the issue. Misclassified workers may recover unpaid overtime, meal and rest premiums, expense reimbursement, and other employee remedies the label was meant to avoid.

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Common questions

Answers we give on every page before you call. More detail is on our full FAQ page.

Do I have a case?

If you faced discrimination, harassment, retaliation, unpaid wages, wrongful termination, leave denial, or a refused disability accommodation, you may have claims. Whether your facts support a case depends on the evidence, deadlines, and applicable law—we evaluate that in consultation.

How much does it cost?

Initial consultations are typically free. If we take the matter, fees are usually explained in a written agreement before you hire us. Many employment cases are handled on contingency (see below).

Do you work on contingency?

In many employment matters, yes—attorney fees may be collected only if there is a recovery, subject to a signed fee agreement. Costs and fee arrangements can vary by case type; we confirm the terms up front.

How long will my case take?

Some matters resolve in months; contested lawsuits can take a year or longer through discovery, mediation, arbitration, or trial. Timing depends on the claims, court or arbitrator calendars, and whether the other side fights. See how long employment lawsuits take.

What should I bring?

Bring or upload what you have: a short timeline, pay stubs or time records, emails and texts, write-ups or reviews, medical or leave paperwork, and the names of witnesses or managers. See our documentation guide.

Free consultation?

Yes—initial consultations are typically free and confidential. Contacting us does not create an attorney–client relationship until there is a signed written agreement.

What happens after I contact you?

Our intake team reviews what you send, follows up if we need more detail, and screens deadlines and claim types. If the matter may be a fit, we schedule a consultation to discuss options, risks, and next steps—or we let you know promptly if we cannot help.