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Correcting Employment Status and Recovering Wages for Misclassified Workers
Misclassification of employees as independent contractors is a widespread issue that affects wages, benefits, job protections, and tax obligations. For both workers and employers, the legal consequences can be serious and expensive.
Best Employment Lawyer helps misclassified workers reclaim their rights and compensation and guides employers in structuring compliant classifications that reduce legal exposure.
Whether you're a worker denied overtime or benefits due to 1099 status, or a business unsure how to categorize your workforce under California or Nevada law, our experienced attorneys are ready to help.
Contact us today for a free, confidential consultation.
What is Employee Misclassification?
Employee misclassification happens when a business labels someone as an independent contractor, freelancer, or 1099 worker—when they legally qualify as an employee. This practice is often done to avoid paying:
Overtime wages
Workers’ compensation premiums
Unemployment insurance
Health insurance and benefits
Payroll taxes
Many workers perform the same duties and follow the same schedule as regular employees—but lack legal protections because of their classification. If you’ve been misclassified, you may be entitled to back pay, benefits, penalties, and other compensation.
California’s ABC Test: The Standard for Worker Status
California uses the ABC Test, as established by AB 5 and codified in Labor Code § 2750.3, to determine whether someone is an employee or an independent contractor. Under this test, a worker is presumed to be an employee unless the hiring entity can prove:
The worker is free from the control and direction of the hiring entity in performing the work;
The worker performs work that is outside the usual course of the hiring entity’s business; and
The worker is customarily engaged in an independently established trade, occupation, or business.
If the employer fails to meet all three conditions, the worker is legally considered an employee.
Some occupations are exempt from the ABC Test and instead use a different set of standards called the Borello Test, including doctors, lawyers, accountants, and certain contractors. Our employment status attorneys help you determine which rules apply in your situation.
Legal Rights for Misclassified Workers
Misclassified workers are often denied basic rights and compensation. If you’ve been working as an independent contractor but meet the legal standard of an employee, you may be entitled to:
Unpaid overtime and minimum wages
Meal and rest break penalties
Reimbursement for work-related expenses
Employer-paid payroll taxes and insurance
Unemployment and disability insurance coverage
Workers' compensation benefits
Civil penalties for wage violations
We help misclassified workers file wage claims, PAGA actions, or lawsuits to recover what they’ve lost. Our team of 1099 misclassification lawyers understands how to prove employment status and hold companies accountable.
For Workers: Misclassified and Underpaid?
Have you been paid via 1099, but told when to work, how to do your job, and under direct supervision? If so, you may have been misclassified—and you’re not alone. Many gig economy workers, healthcare contractors, salespeople, and creatives face this issue.
Our lawyers can help you:
Determine if you meet the definition of an employee
Calculate unpaid wages, overtime, and expense reimbursements
File a claim with the Labor Commissioner or pursue a lawsuit
Challenge retaliatory actions or termination
Join or start a class action if others were affected too
As your misclassified worker lawyers, we aim to get you justice, compensation, and recognition as a protected employee.
For Employers: Avoid the Cost of Misclassification Mistakes
Misclassifying workers isn't just a legal risk—it’s a financial one. State and federal agencies aggressively pursue employers who evade taxes and employee protections through misclassification. Penalties can include back wages, tax liability, civil penalties, and legal fees.
We help businesses:
Review current worker classifications
Apply the correct ABC or Borello standards
Draft compliant independent contractor agreements
Train HR and management teams on classification rules
Respond to DLSE, IRS, or EDD audits
Defend against worker misclassification lawsuits
Our employment status attorneys work proactively with employers to avoid misclassification claims, reduce legal exposure, and maintain workforce flexibility within the law.
Why Employers Choose Our Employee Handbook & Workplace Policies Lawyers
Our clients value more than our legal credentials—they value our ability to turn complex regulations into practical, accessible policies.
We offer custom, not canned, handbooks that reflect your true operations
We’ve advised HR leaders and in-house counsel at Fortune 500 companies
We provide both legal accuracy and plain-language clarity for all staff levels
We build policies that help you avoid litigation—not just survive it
We serve as long-term partners, updating your policies as laws evolve
When you work with a dedicated employee handbook lawyer, you’re not just protecting your company—you’re building a stronger, smarter workplace from the ground up.
Federal Misclassification Laws and the FLSA
Federal law, including the Fair Labor Standards Act (FLSA), also prohibits misclassification and offers workers remedies through the U.S. Department of Labor (DOL). Under the FLSA, employers cannot deny minimum wage, overtime, and benefits based on improper classification.
The DOL recently reaffirmed its crackdown on misclassification, particularly in the gig economy and service industries. Our attorneys stay current with federal and state guidance to ensure our strategies are legally sound across the board.
Warning Signs of Misclassification
Not sure if you’ve been misclassified? Common red flags include:
You’re told when and where to work
You use company tools or wear a uniform
You don’t invoice the company, but get paid a set wage
You’re not allowed to work for other clients
You’re subject to performance reviews or internal rules
You have no control over how tasks are done
If any of these apply, speak with a contractor vs employee lawyer today.
Who We Represent
We handle misclassification matters for:
Employees:
Freelancers, gig workers, rideshare and delivery drivers
Healthcare workers and home aides
Truck drivers and warehouse staff
Tech contractors, designers, and developers
Sales reps and commission-based workers
Employers:
Startups scaling with flexible labor models
Gig economy platforms and marketplaces
Professional services firms
Construction, healthcare, and tech companies
Businesses facing audits or active claims
Why Choose Best Employment Lawyer?
We are more than just litigators—we are strategic advisors who understand the practical realities of modern work. With a team of experienced employment attorneys in California and Nevada, we offer:
Proven experience in classification law and litigation
A balanced perspective from representing both workers and businesses
Strategic negotiation, compliance guidance, and courtroom advocacy
In-depth understanding of AB 5, Prop 22, and federal DOL standards
Personal, responsive service throughout your case
Whether you’re pursuing recovery or preventing costly mistakes, we help you navigate classification issues with confidence.
Schedule a Free Consultation Today
Misclassification is more than a legal label—it affects your pay, protections, and peace of mind. Don’t leave your rights or your business exposed.
Contact Best Employment Lawyer for a confidential consultation with an experienced employee misclassification lawyer in California or Nevada.
We’re here to get it right—so you can move forward with clarity, fairness, and legal security.
We Provide The Help Employees Need When They Need It.
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