Unveiling the Independent Contractor Myth: Are Your Benefits Being Unfairly Denied?
Unveiling the Independent Contractor Myth: Are Your Benefits Being Unfairly Denied?
Is your employer misclassifying you as an independent contractor instead of an employee? Your employer might be wrongly denying you certain benefits that you should receive according to California and Federal laws.
These benefits may include, but are not restricted to, reimbursement for work expenses, overtime pay, minimum wage, rest breaks, meal periods, and workers’ compensation benefits.
Even if you agreed to work as an independent contractor, it’s important to understand that the responsibility lies solely with your employer. Regardless of your agreement or understanding at the time of hire, your classification is determined based on the nature of your working relationship, and your employer has the legal obligation to accurately assess your status. The burden of correct classification should not rest on your shoulders, but rather on the employer who has the legal obligation to make the appropriate determination.
Contractor Myth
How can you determine whether a worker is an employee or an independent contractor?
How can you determine whether a worker is an employee or an independent contractor?
The following conditions are among the factors that can help you determine if you may be considered an independent contractor:
You perform your job without being controlled, supervised, or directed by the business.
Your job is not part of the usual course of the business.
Until the contracted job is completed, neither the business can terminate you nor can you quit.
You provide the tools, equipment, or supplies needed for the work.
The business does not provide you with any training.
You are compensated upon the completion of a task or project, and not periodically.
If you suspect that your employer has misclassified you as an independent contractor or violated your rights, reach out to The Work Justice Firm. We can provide legal guidance and support!
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The information contained on the WJ website is provided for educational and informational purposes only. The contents of this site are not and should not be construed as legal advice.