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Los Angeles Misclassification Attorney

There are various types of employment In California. This can include those who work as employees directly for a company or entity, as well as those who work as independent contractors. However, at the Rise Law Firm, we know that it is illegal to misclassify an employee in order to avoid paying rightful benefits or wages. Our Los Angeles misclassification attorneys are here to help if you think you have been wrongfully classified by your employer. Our goal is to secure the compensation you are entitled to.

Why choose Rise Law Firm for your case?

When dealing with a complicated employment issue like misclassification, you need an attorney with vast experience in employment law by your side. Rise Law Firm is your best choice for this case.

  • We have recovered millions of dollars in compensation on behalf of clients who have been wronged by their employer.
  • We have represented employees all levels of employment, from CEOs to minimum wage workers, and everything in between.
  • We take Los Angeles misclassification cases on a contingency fee basis, which means our clients do not pay a dime until we successfully secure the compensation they are entitled to.

How will an attorney help?

Cases of misclassification often require extensive investigation to prove that the worker was wrongly classified. A Los Angeles misclassification attorney will have the resources to thoroughly investigate the nature of the worker’s employment. Upon determination that a worker was misclassified, an attorney will properly calculate all lost income and benefits that the worker incurred. An attorney will then negotiate with all parties involved to reach a fair settlement for the claim.

What does misclassification mean?

The state of California recently passed Assembly Bill 5, also known as the “gig worker” bill. This law significantly curtails the ability of employers to classify workers as independent contractors instead of as employees (except in limited circumstances). Under this new law, workers must be classified as employees unless the company can prove the following:

  • That the worker is free to perform services without control or direction of the company.
  • That the worker is performing tasks that are outside the company’s usual course of business activities.
  • That the worker is customarily engaged in an occupation or business of the same nature as the work they are currently performing.

Misclassification of employees is often intentional on the part of the employer in an effort to avoid paying minimum wage, expense reimbursements, benefits, rest breaks, and other benefits afforded to employees under California law. Misclassified employees do not have access to workers comp’ if they are injured, and they do not have access to retirement benefits or employer healthcare plans.

AB 5 applies to most employers in the state, though more than 50 professions and types of businesses are exempt, including real estate agents, attorneys, insurance agents, certain medical professionals, and more.

Is there compensation available for these cases?

If you or somebody you care about has been misclassified when it comes to your terms of employment, speak to an attorney immediately. At Rise Law Firm, we want you to know that you may be entitled to various types of compensation due to the misclassification. This could include:

  • Any unpaid wages
  • Unpaid benefits classification
  • Interest on those unpaid wages or benefits
  • A waiting time penalty
  • Court costs and legal fees

If you need a Los Angeles misclassification attorney, you can contact us for a free consultation of your case by clicking here or calling 310-728-6588.