If you are reading this, it is likely that you have encountered issues related to employee misclassification in California. You may be feeling overwhelmed, confused, or uncertain about what steps to take next. Misclassification can impact everything from your pay to your benefits, and dealing with this situation can be emotionally and financially stressful. At The Myers Law Group, APC, we understand what you are going through, and we want to help you navigate the complexities of California’s AB5 law to ensure that your rights are protected and that you receive the compensation and benefits you deserve.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
Understanding Employee Misclassification in California
Employee misclassification occurs when an employer incorrectly labels a worker as an independent contractor rather than an employee. This can have serious consequences for the worker, as independent contractors do not receive the same legal protections as employees. For example, independent contractors are typically not entitled to benefits such as paid sick leave, workers’ compensation, or overtime pay. In California, employee misclassification is particularly concerning because the state has strict laws protecting workers’ rights. The law that addresses this issue is known as AB5.
AB5 was signed into law in 2019, and its primary goal is to make it more difficult for employers to classify workers as independent contractors when they should actually be considered employees. Under AB5, workers are presumed to be employees unless the employer can meet a three-part test, known as the “ABC test,” to prove otherwise. This test looks at whether the worker is free from control, whether the worker performs tasks that are outside the employer’s regular business, and whether the worker is engaged in an independently established trade or business.
The Impact of AB5 on Workers
AB5 has had a significant impact on workers in various industries, especially those in gig economy jobs, such as rideshare drivers, delivery drivers, and freelance workers. Before AB5, many workers were classified as independent contractors, which allowed employers to avoid providing benefits and protections required for employees. However, AB5 has changed the landscape, making it harder for employers to classify workers as independent contractors.
For workers who were misclassified as independent contractors, AB5 can provide a path to better benefits and protections. If you believe you have been misclassified, you may be entitled to back pay for overtime, missed benefits, and other compensation you may have missed out on. The law also provides you with the opportunity to challenge your misclassification and have your status changed to that of an employee, which can lead to a more secure financial situation and greater legal protections.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Challenges with AB5 and Misclassification
While AB5 provides significant protections, the law has also been met with challenges. Many businesses, particularly those in the gig economy, argue that the law makes it difficult to operate and impacts their business model. In response, some industries have fought to create exemptions to the law, allowing them to continue classifying workers as independent contractors.
For example, some freelance workers, including journalists and photographers, may be exempt from AB5 under certain conditions. However, even with these exemptions, the law remains a point of confusion and contention for many workers and businesses. It is important to understand how AB5 applies to your specific situation so that you can make informed decisions about your rights and your work status.
How to Navigate AB5 and Employee Misclassification
Navigating the complexities of AB5 and employee misclassification can be challenging, but with the right guidance, you can protect your rights and secure the compensation you deserve. The first step is to evaluate your work situation and determine whether you may have been misclassified as an independent contractor when you should be considered an employee. If you are unsure whether you qualify, it may be helpful to consult with an attorney who can help assess your case.
Once you have determined that you may have been misclassified, you can take several steps to address the issue. One option is to file a claim with the California Labor Commissioner’s Office, which investigates claims of employee misclassification and can take enforcement action against employers who violate the law. Alternatively, you may be able to negotiate directly with your employer to resolve the issue.
In some cases, you may need to file a lawsuit against your employer to seek compensation for lost wages, benefits, or other damages. This can be a complex and time-consuming process, which is why it is important to have an experienced attorney on your side to guide you through the process.
Why You Need Legal Help
Dealing with employee misclassification and navigating AB5 can be overwhelming, especially if you are already struggling with the financial impact of being misclassified. The law is complex, and there are many nuances to the ABC test and other legal factors that can impact your case. That is why having an attorney who understands the intricacies of employment law can be invaluable.
An experienced attorney can help you determine whether you have a case, explain your legal options, and represent you in negotiations or litigation. We understand that the legal process can be intimidating, but we are here to help you every step of the way. At The Myers Law Group, APC, we are dedicated to fighting for workers’ rights and ensuring that our clients receive the justice they deserve.
If you believe you have been misclassified or if you are unsure about your status under AB5, we can help. Our team of legal professionals has extensive experience handling employment law cases, and we are committed to providing you with the support you need during this difficult time. Whether you are facing challenges with your employer, need help filing a claim, or want to understand how AB5 applies to your situation, we are here to guide you through the process.
At The Myers Law Group, APC, we treat each client with the care and respect they deserve. We know that facing employee misclassification can be a frustrating and confusing experience, but we are here to help you achieve a successful outcome. You do not have to face this challenge alone. Contact us today to schedule a consultation and learn more about how we can assist you in navigating AB5 and securing the compensation and benefits you deserve.