Independent Contractor
Are you classified as an independent contractor, but unsure if that classification is correct or if it affects your rights? The Law Offices of David J. Gallo specializes in employment law and business litigation in Southern California.
Our Independent Contractor Services
At The Law Offices of David J. Gallo, we provide dedicated support for workers who have been incorrectly classified as independent contractors or who need clarity on their rights under California employment law.
Independent Contractor Classification Analysis
Employers sometimes misclassify workers to avoid providing benefits or paying overtime. We’ll assess your work arrangement and job responsibilities to determine if your classification as an independent contractor is lawful under California’s stringent standards.
Employee Reclassification Assistance
If your employer has misclassified you, we’ll help you pursue reclassification. Changing your status to an employee can entitle you to important benefits like health coverage, paid leave, and unemployment protections, along with back pay for missed wages or overtime.
Wage and Hour Claims for Misclassified Contractors
Misclassification often leads to unpaid wages, as independent contractors are typically not entitled to overtime or certain minimum wage protections. We’ll work to secure compensation for any unpaid wages you may be owed due to misclassification.
Legal Support for Benefits and Worker Protections
As an employee, you may be entitled to benefits and protections not available to independent contractors, including health insurance, retirement plans, and workers’ compensation. Our team can help you pursue these entitlements if your classification changes.
Understanding Independent Contractor vs. Employee in California
California has strict rules defining who qualifies as an independent contractor versus an employee. The “ABC test,” as part of California Assembly Bill 5 (AB5), requires employers to prove that a worker is (A) free from the control of the hiring entity, (B) performing work outside the usual course of the hiring entity’s business, and (C) engaged in an independently established trade or business.
If you don’t meet all three criteria, you may be legally classified as an employee rather than an independent contractor. The Law Offices of David J. Gallo can help you understand your classification, its legal implications, and the options available if you believe you’ve been misclassified.
Notable Cases
David J. Gallo has secured significant victories in employment law and complex
business litigation, including multi-million-dollar settlements for wage-and
hour violations, class actions, and employee misclassification cases.
$4.1 Million
Settlement in Wage-and-Hour Class Action
Achieved a multi-million-dollar settlement for workers at a large hair-stylist chain.
$2.5 Million
FLSA Settlement for LA County Workers
Secured major collective action win for Los Angeles County employees.
$500,000
Settlement for Misclassified
Store Managers
Recovered substantial compensation for employees wrongly classified as exempt to avoid paying overtime.
Get the Compensation You
Deserve Today
Unpaid wages can leave you feeling frustrated and undervalued. At The Law Offices of David J. Gallo, we believe that every employee deserves fair compensation for their hard work.
If you’re dealing with independent contractor issues in Southern California, reach out today for a consultation, and let us help you get the justice you deserve.
Frequently Asked Questions
Some common signs include receiving direct instructions on how to do your work, working primarily or exclusively for one company, or performing tasks that are central to the company’s core business. If these conditions apply, you may be eligible for reclassification as an employee.
As an employee, you’re entitled to certain benefits like minimum wage, overtime, paid leave, health insurance, and unemployment protection. Reclassification can also open the door to retirement plans, workers’ compensation, and other essential benefits.
In California, the statute of limitations for filing a misclassification claim generally depends on the type of claim (e.g., unpaid wages or benefits denial). Typically, you have up to three years to file for wage violations, but consulting an attorney promptly helps ensure timely action.
Recent Articles
The Law Offices
of David J. Gallo
With a focus on employment law and complex business litigation, the Law Offices of David J. Gallo provides personalized and aggressive representation.
For over 20 years, David J. Gallo has represented clients in disputes involving unpaid wages, overtime violations, employee misclassification, and other employment matters.
