Law Offices of Mauro Fiore, Jr.
Call for a free consultation
Toll-free: 866-583-9564 Local: 626-593-9031
Se Habla Español
SE HABLA ESPAÑOL free consultation
Phone866-583-9564

Part 1: Understanding whether you are an independent contractor

  • Rated By Super Lawyers | Mauro Fiore, Jr.| Selected in 2017 | Thomson Reuters
  • Consumer Attorneys Association of Los Angeles | CAALA
  • TLC Los Angeles Trial Lawyers’ Charities

Even when you are classified as an independent contract in California, you may actually be an employee of the organization or company where you work. Often the distinction between independent contractors and employees is not as clear you may think, regardless of the contract you entered into or the way you are paid. At the Law Offices of Mauro Fiore, Jr., we understand your rights and the obligations of employers under California law.

Working as an independent contractor may have some advantages over traditional employment but it usually has disadvantages as well, such as disqualification for certain benefits set aside under California law for employees. When a relationship is established between a business and a person who provides personal services for compensation, the law presumes that the relationship is that of an employee and an employer. Such a relationship qualifies some employees for workers’ compensation insurance and brings them under the coverage of minimum wage laws, rules governing working hours and mandatory break and rest periods. Employees are also entitled to reimbursement for expenses they incur during the regular course of their business.

Businesses, on the other hand, may prefer that a person who provides personal services be classified as an independent contractor because they are able to avoid liability for workers’ compensation, unemployment insurance, social security, and disability insurance. Perhaps most significantly, a business does not have to cover payroll taxes for independent contractors, which saves the business money each year.

Fortunately, information on whether you are an employee or an independent contractor is available. As you better understand your rights at the workplace, you can evaluate whether you need to seek assistance enforcing those rights.

No Comments

Leave a comment
Comment Information

Monrovia Office
136 E. Lemon Ave.
Fiore Legal Building
Monrovia, CA 91016

Toll Free: 866-583-9564
Phone: 626-593-9031
Monrovia Main Office Map

West Covina Office
1901 W. Pacific Ave.
Suite 260
West Covina, CA 91790

Toll Free: 866-583-9564
Phone: 626-593-9031
West Covina Law Office Map

Los Angeles Office
10866 Wilshire Blvd.
Suite 400
Los Angeles, CA 90024

Toll Free: 866-583-9564
Phone: 626-593-9031
Los Angeles Law Office Map

Palm Desert Office
77564 Country Club Dr.
Suite 126
Palm Desert, CA 92211

Toll Free: 866-583-9564
Phone: 760-407-6780
Palm Desert Law Office Map