Anticouni & Ricotta | Leaders In Employment Litigation Serving Clients Throughout California.

Employees versus independent contractors in California

On Behalf of | May 25, 2023 | Wage And Hour Claims |

In California, the distinction between independent contractors and employees carries significant legal implications. How a worker is classified can impact tax obligations, legal rights and benefits. Understanding this distinction is vital for businesses to prevent potential legal disputes and penalties associated with misclassification.

Workers should understand how their rights change with their classification. They also need to ensure they have the proper classification so they can get the benefits and protections they’re due. 

Recent changes in worker classification rules

In recent years, California has tightened its rules concerning worker classification. According to the “ABC test” established by Assembly Bill 5 (AB5), a worker is considered an independent contractor only if all of the following conditions are met:

  • A: The worker is free from the control and direction of the hiring entity regarding the performance of the work.
  • B: The worker performs tasks outside the usual course of the hiring entity’s business.
  • C: The worker is customarily engaged in an independently established trade, occupation or business.

These three terms are much stricter than the federal guidelines for determining a person’s status as an employer or independent contractor. 

The implications of misclassification

If a worker fails to meet even one of these conditions, they must be classified as an employee. This classification entitles them to employee benefits and protections such as minimum wage, overtime and workers’ compensation coverage.

The importance of correct classification

Incorrect classification of workers can lead to hefty fines and legal repercussions for businesses. Therefore, it’s crucial to understand the nuances of California law in this matter. Workers who are misclassified should learn about their legal rights so they can determine how to proceed. 

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