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San Francisco Independent Contractor Misclassification Attorneys

HomeSan Francisco Independent Contractor Misclassification Attorneys

San Francisco Independent Contractor Misclassification Attorneys

The misclassification of independent contractors is increasingly becoming a rampant issue that denies workers their legal rights. This happens when employers hire workers and then treat them as independent contractors even if under the law, the workers must be classified as employees. Approximately 10% of U.S. workers are misclassified as independent contractors

If you believe that you’ve been misclassified, the San Francisco independent contractor misclassification attorneys of Olivier & Schreiber LLP are here to help. You can recover financial compensation for stolen wages, penalties, reimbursements, and interest. Likewise, if you’ve been wrongfully terminated, discriminated against, or experienced retaliation, you might also be entitled to pursue lost back pay, emotional distress, and punitive damages. 

Are You an Independent Contractor or Employee? 

If your employer has substantial control over your daily work responsibilities, schedule, and behaviors, you are probably an employee that has been misclassified as an independent contractor. Below are certain examples that could indicate that an independent contractor is really an employee:

  • You were provided training by the company.
  • You have a set work schedule and detailed work performance expectations.
  • Your relationship with the employer and your job responsibilities make it very hard for you to work with other companies at the same time.
  • Your employer controls crucial financial aspects of your job, which could include which expenses you can reimburse and the payment schedule, among others.

The line between employees and independent contractors is not always defined in some workplaces. However, most people have a sense of how much autonomy and freedom (or lack thereof) you are provided at work. If you feel that there’s something wrong with your job classification, it’s worth speaking to a skilled San Francisco independent contractor misclassification attorney about your case. 

Why Independent Contractor Misclassification Matters

Being misclassified for tax and legal purposes could prove very costly for independent contractors who are actually employees, mainly because of the following reasons:

  • They won’t be eligible for unemployment benefits, and their employer won’t need to provide them unemployment insurance.
  • They’ll need to pay for their Medicare and Social Security taxes out-of-pocket, whereas half of these taxes are paid by employers for their employees.
  • They won’t be given the same workplace rights, such as overtime pay, minimum wage, rest breaks, and sick pay, etc., that are afforded to employees.
  • They will not be eligible for workers’ compensation insurance benefits because employers are not required to provide workers’ comp insurance for independent contractors.

In short, employers could save a ton of money by misclassifying workers that must be classified as employees as independent contractors. Because, remember that employers must pay unemployment taxes on their employee’s wages, withhold government income taxes, and pay and withhold Medicare and Social Security taxes for their employees, but not for their independent contractors. 

Find Out How Our Experienced San Francisco Independent Contractor Misclassification Attorneys Can Help

At Olivier & Schreiber LLP, we offer free consultations to workers who believe that they’ve been denied wages, benefits, and other rights they should have had because of misclassification. Let our skilled San Francisco independent contractor attorneys help you hold your employer accountable for their wrongdoings and your losses. To arrange your appointment, please contact us online

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