Am-I-An-Employee-Or-Independent-Contractor.jpg (2149×1159)There are various reasons why being an employee or an independent contractor can be beneficial to both parties involved. There are other circumstances where the one being paid to perform work is at a disadvantage when classified as an independent contractor. The misclassified worker will likely not be compensated at a higher rate for any overtime nor will the worker receive sick pay.

The test used to determine if a worker is an employee or an independent contractor is whether the one paying the worker controls the manner and means in which the work is performed. If the one paying the worker has the “right of control,” even if they never exercise the control, the worker is considered an employee according to law. When the principal does not have the right to control the manner and means by which the work is completed, the worker will generally be an independent contractor.

Aiman-Smith & Marcy is an employment law firm located in Oakland, California. We strongly believe in the rights of workers’ to receive all compensation they are entitled to under the law. If you are classified as an independent contractor and you believe you are actually an employee, contact the misclassified worker attorneys at Aiman-Smith & Marcy today for a free consultation.