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Employee Misclassification Attorney In Los Angeles

Last updated on April 21, 2025

Employee misclassification is a major issue affecting workers across California and the nation. Being wrongly classified as an independent contractor instead of an employee can cost you important rights and benefits. If you suspect you have been misclassified, work closely with an attorney who can assess your situation and protect your rights.

At the Law Offices of Choi & Associates, we focus on representing workers in Los Angeles and throughout the state of California. Our lawyers are highly skilled in employment law, with years of experience handling employee misclassification claims. We hold employers accountable when they fail to classify workers properly under the law.

What Is The Difference Between Employees And Independent Contractors?

Employees work under the control and direction of an employer, are part of the business’s core operations and are entitled to benefits such as:

  • Overtime
  • Minimum wage
  • Workers’ compensation

On the other hand, independent contractors control how they perform their work and operate their businesses. They are not entitled to employment benefits.

What Type Of Workers Are Frequently Misclassified?

Many types of workers are at higher risk of being misclassified. Some common examples include:

  • IT professionals and software developers
  • Rideshare drivers and delivery workers
  • Construction workers and laborers
  • Freelance writers and creative professionals
  • Health care aides and home health workers

If you fall into one of these categories, it is critical to speak with a lawyer about your situation.

Unfortunately, employers sometimes misclassify workers to reduce costs and avoid providing benefits. By labeling workers as independent contractors, companies may dodge requirements like overtime pay, payroll taxes and insurance contributions. This practice is illegal when it fails to meet strict legal tests.

California Laws On Employee Misclassification

Under the California Labor Code Section 2750.3 (the “ABC Test”), a worker is presumed to be an employee unless the employer can prove otherwise under specific conditions. Misclassification can also result in significant penalties for the employer.

Workers who are misclassified can seek damages, including:

  • Unpaid wages
  • Overtime
  • Meal and rest break premiums
  • Penalties

A qualified employment attorney can guide you in recovering the full amount you are owed.

Take The First Step Toward Justice

If you believe you have been misclassified in Los Angeles or anywhere in California, we encourage you to contact the Law Offices of Choi & Associates. Our attorneys are ready to advocate for you and fight for the compensation you deserve. Call 213-592-3309 or fill out our online contact form and get started with a free consultation.