San Diego Independent Contractor Lawyer
Employees in San Diego, California, have rights under federal and state employment and labor laws. However, independent contractors are not employees. Therefore, they do not receive the same protections as employees.
Still, independent contractors do have rights. The San Diego employment law attorneys of Ferraro Vega Employment Lawyers, Inc. work with independent contractors to ensure that they receive the compensation and protection they deserve under the law.
Our San Diego independent contractor lawyers understand the California labor code and how it applies to an independent contractor. Members of our legal team used to work for big law firms representing large employers in employee disputes. Our attorneys now use the knowledge they gained from representing employers to protect the rights of workers.
If you have questions about employee misclassification or whether you might be an exempt employee, contact our law office at (619) 693-7727 for a free consultation. Our lawyers are here to help you protect your best interests.
Table of Contents
How Our San Diego Independent Contractor Lawyer Can Help You
Understanding your rights under California laws related to employment, wage, and hour requirements is crucial if you want to protect your best interests. Unfortunately, employers may not tell their employees the truth about employment laws. That’s why you need to contact an employment law firm in San Diego, CA.
When you hire our San Diego employee rights attorneys, you can expect us to:
- Conduct a thorough investigation to gather evidence and determine the best course of action to take
- Explain your legal rights and your options for filing claims and employment lawsuits
- Document your damages to maximize the amount you can recover for your claim
- Keep you informed and updated on the progress of your case
- Take all steps to protect your interest throughout your case
Do not delay in contacting our San Diego independent contractor lawyer to discuss your case. Our San Diego employment lawyers offer free case reviews and provide honest assessments of cases.
Am I an Employee or an Independent Contractor?
An employee and independent contractor are very different. They both have a working relationship with the employer, but an independent contractor is a self-employed individual. The independent contractor chooses when and for whom to work.
An employee is under the supervision and control of an employer. The employee has very little say when to and how to perform their work. Independent contractors can come and go as they please, and they decide how to perform the work.
Characteristics that define independent contractors include, but are not necessarily limited to:
- You are responsible for costs if you go over budget
- You can set your own work hours
- You may work on several projects at the same time
- You do not answer to a supervisor or manager
- You provide the materials and supplies to perform the job
- You may provide the place where you perform your work
- You are paid per job instead of by the hour or a salary
- You are responsible for the payment of your own employment taxes
If the above characteristics apply to you, you are likely an independent contractor. California has strict laws defining employment status.
Why Do Employers Intentionally Misclassify an Employee as an Independent Contractor?
There are several reasons why an employer might misclassify an employee as an independent contractor. Most of the reasons involve saving money.
The reasons why an employer might say you are an independent contractor instead of an employee include:
- To avoid overtime pay – independent contractors are not entitled to overtime pay
- To avoid paying workers’ compensation premiums and claims
- To avoid paying minimum wage and providing paid rest breaks
- To avoid paying employment taxes, including Social Security taxes
- To avoid paying health insurance premiums and offering other benefits
- To avoid paying unemployment insurance
Independent contractors do not have the same rights to sue employers for wrongful conduct. For example, an independent contractor may not be protected by the Fair Employment and Housing Act.
Do Independent Contractors Need an Attorney?
Protecting your legal rights and best interests is essential if you are an independent contractor. You need business contracts that protect you and ensure that you are paid for the jobs you complete. A legally binding contract is your first defense against a client or customer reneging on a payment.
Independent contractor agreements also protect you by setting forth the terms and conditions in writing. If there are disputes during the job, you can point to the contract and agreement that the client signed.
A San Diego independent contractor lawyer can draft contracts and agreements that protect your business and personal assets. An attorney can also help you resolve disputes and comply with laws governing independent contractors in California.
If a client or customer discriminates against or harasses you, an independent contractor lawyer in San Diego can help you pursue a legal action for damages. Independent contractor lawyers also assist with breach of contract claims and other civil litigation.
Schedule a Free Consultation With Our San Diego Independent Contractor Lawyer
If you are unsure whether you are an employee or independent contractor, contact our office to speak with an attorney. Our San Diego independent contractor lawyers represent independent contractors who need sound legal advice and reliable legal services.
Related Blog Posts
- Are You Getting Paid Your Rightful Overtime Wages?
- California Minimum Wage Increases in 2021
- Can My Boss Deny My Time Off Request?
- Can My Employer Enforce a Non-Compete Agreement in California?
- Is Health Insurance a Right for California Workers?
- What Can I Do if I Was Misclassified as an Independent Contractor?