Misclassification

Know Your Rights, Don’t Get Misclassified

Employees and independent contractors are two different classifications under labor and employment laws. And while that classification may seem like a minor detail – it can become a huge issue if you are misclassified. 

Misclassification can result in improper pay, missed benefits, tax implications, and unpaid overtime that is earned. 

At Aiman-Smith & Marcy, we have helped numerous clients in California that have been misclassified by the person they are doing work for. If you are concerned you have been misclassified, let our attorneys review your situation and ensure you are getting the compensation and benefits you deserve.

Know Your Rights, Don’t Get Misclassified

Employees and independent contractors are two different classifications under labor and employment laws. And while that classification may seem like a minor detail – it can become a huge issue if you are misclassified. 

Misclassification can result in improper pay, missed benefits, tax implications, and unpaid overtime that is earned. 

At Aiman-Smith & Marcy, we have helped numerous clients in California that have been misclassified by the person they are doing work for. If you are concerned you have been misclassified, let our attorneys review your situation and ensure you are getting the compensation and benefits you deserve.

The Difference Between an Employee or Independent Contractor

There are a few specific details that differentiate an employee from an independent contractor. This differentiation is more than just a title, however. It can have a profound impact on your finances and rights. 

  • Is paid a regular wage
  • Receives employee benefits
  • Has taxes withheld from wages
  • An employer dictates work schedule
  • Is paid for projects
  • Manages their taxes
  • Manages their scheduling 
  • Is considered by the IRS to be self-employed

The Difference Between an Employee or Independent Contractor

There are a few specific details that differentiate an employee from an independent contractor. This differentiation is more than just a title, however. It can have a profound impact on your finances and rights. 

  • Is paid a regular wage
  • Receives employee benefits
  • Has taxes withheld from wages
  • An employer dictates work schedule
  • Is paid for projects
  • Manages their taxes
  • Manages their scheduling 
  • Is considered by the IRS to be self-employed

Why Do Employers Misclassify?

Sometimes misclassification is a simple error in processing or paperwork. But unfortunately, it is often intentional. For example, misclassifying an employee as an independent contractor means the employer pays fewer taxes and benefits. They also can avoid paying overtime.

Have You Been Misclassified?

If you suspect that you have been misclassified, or you know you have lost pay or benefits, do not delay getting help. At Aiman-Smith & Marcy, we are dedicated to helping Californians understand and protect their legal rights. If you have been misclassified, we will fight to get you any compensation that you may be entitled to.

Why Do Employers Misclassify?

Sometimes misclassification is a simple error in processing or paperwork. But unfortunately, it is often intentional. For example, misclassifying an employee as an independent contractor means the employer pays fewer taxes and benefits. They also can avoid paying overtime.

Have You Been Misclassified?

If you suspect that you have been misclassified, or you know you have lost pay or benefits, do not delay getting help. At Aiman-Smith & Marcy, we are dedicated to helping Californians understand and protect their legal rights. If you have been misclassified, we will fight to get you any compensation that you may be entitled to.