Legal Question in Employment Law in California

California has been cracking down on employers who misclassify employees as independent contractors by imposing far more serious penalties than ever before.

SB 459 (which adds Sections 226.8 and 2753 to the California Labor Code) makes employers liable for civil penalties of $5,000 to $15,000 for each violation of �willful misclassification� of employees as independent contractors. In addition, if it is found that the employer has a pattern and practice of misclassifying independent contractors, the penalties can increase to a minimum of $10,000 to $25,000 per violation. The new law also imposes non-monetary penalties by requiring posting of a notice on the website or in a public area of the employer for one year if the employer is found to be in violation.

It does not matter what they choose to call you or even if you signed an agreement to that effect. Accepting a check should not alter your true legal status. Your status is a matter of how the law determines your relationship based on the actual facts. There are about 20 factors taken into consideration. It would not be possible to evaluate your status in this forum but it may be worth it to you to consult with an employment law attorney for an informed legal opinion and advice as to what to do.

Workmans Comp has nothing to do with your problem. You may file a claim for misclassification and unpaid compensation with the local Labor Commissioner. You may be entitled to back pay, interest and penalties. If contested in court by the employer, and you win, you would be entitled to recovery of your attorney fees. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.