Employee Rights
Employment Misclassification
Ensuring Fair Treatment in Employment Classification
Being misclassified as an independent contractor, or as an exempt employee, can cost you thousands of dollars in wages, benefits, and legal protections. At Michael Yerzinkyan Law, we help workers throughout Southern and Central California correct misclassification and recover what they are owed.
California uses the strict “ABC test” adopted in Dynamex and codified in Assembly Bill 5 to decide whether a worker is an employee or an independent contractor. Under that test, a worker is presumed to be an employee unless the hiring business proves all three factors: that the worker is free from the company’s control, performs work outside the usual course of the company’s business, and is engaged in an independently established trade. Misclassification denies workers rights guaranteed by the California Labor Code, including minimum wage, overtime, meal and rest breaks, expense reimbursement, workers’ compensation coverage, and unemployment insurance. Separately, employees may be wrongly labeled “exempt” from overtime when their actual duties do not meet the legal requirements.
When misclassification is proven, workers may recover a significant measure of damages, including unpaid minimum and overtime wages, reimbursement of business expenses, premium pay for missed breaks, liquidated damages, statutory and waiting-time penalties, and interest, plus attorney’s fees and costs. Michael Yerzinkyan Law offers a free, confidential consultation to review how you have been classified and what you may be entitled to recover.
If you need any help, please feel free to contact us. We will get back to you within 1 business day. Or if you’re in a hurry, just call us now.
Client Reviews
Frequently Asked Questions
What is employee misclassification?
Misclassification happens when an employer incorrectly labels a worker as an independent contractor or exempt employee to avoid providing wages, benefits, or overtime required by law. Michael Yerzinkyan Law can review your work arrangement to determine if you’ve been misclassified.
How can I tell if I've been misclassified?
Courts and agencies look at factors such as how much control your employer has over your work, whether the work is central to the business, and whether you operate independently. Michael Yerzinkyan Law can assess these factors for your specific situation.
What compensation can I recover if I was misclassified?
You may be entitled to unpaid overtime, missed meal and rest break premiums, reimbursement for business expenses, and penalties. Michael Yerzinkyan Law will help calculate the full value of your claim.
What should I do if I think I'm misclassified?
Gather pay stubs, contracts, and records of your job duties, and consult Michael Yerzinkyan Law to discuss whether you’re entitled to additional compensation.