Misclassification Attorneys

If Your Employer Has Misclassified You, We're Here to Help.

Employers who label workers as 'independent contractors' often save money by denying them overtime, benefits, and legal protections. California's ABC test makes misclassification illegal for most workers — and entitles you to unpaid wages plus substantial penalties.

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California law

What You Need to Know Before You Settle

CA Law

California's ABC test presumes you're an employee

Under AB5, a worker is presumed to be an employee unless the employer proves all three prongs: (A) free from company control, (B) performing work outside the company's usual business, and (C) independently established in that trade.

CA Law

Misclassification denies you significant protections

Proper employees are entitled to overtime, meal breaks, expense reimbursement, unemployment insurance, and workers' compensation. Misclassified workers receive none of these.

CA Law

Statute of limitations: 3 years for wage claims

You can recover unpaid wages going back 3 years. PAGA penalties have a 1-year window. Contact us before the lookback period closes on your claim.

CA Law

Retaliation for misclassification claims is illegal

California law prohibits employers from terminating, demoting, or punishing workers who assert their right to proper classification. A retaliation claim adds value to your case.

Misclassification happens across industries

Industries Where Misclassification Is Common

No industry is immune. If you perform work controlled by a company, work primarily for that company, and are not independently established in that field, California likely considers you an employee.

01

Gig & App-Based Work

Rideshare, delivery, and platform workers who operate under significant company control may be employees under California's ABC test.

02

Construction & Trades

Workers hired through contractors who control their hours, equipment, and methods are commonly misclassified in the construction industry.

03

Trucking & Transportation

California has specific rules for trucking company drivers, many of whom have been found to be improperly classified as independent contractors.

04

Professional & Creative Services

Freelancers in fields like marketing, tech, and media who work exclusively for one client and integrate into that company's operations.

05

Healthcare & Home Care

Home health aides and healthcare workers placed by agencies are frequently misclassified and denied proper wages and benefits.

Know your rights before you act

What to Do If You Have Been Misclassified

Misclassification claims involve documentation and timing. Here's how to build the strongest possible case before approaching your employer or filing a claim.

01

Document your work relationship

Write down how your work is assigned, how closely you are supervised, what equipment the company provides, and whether you can work for others.

02

Gather your payment records

Save all invoices, pay stubs, and 1099 forms. They establish what you were paid and the period of your working relationship.

03

Calculate your potential losses

Unpaid overtime, missed break premiums, expense reimbursements, and denied benefits can add up significantly over a multi-year working relationship.

04

Do not quit without consulting an attorney

Resigning could affect certain claims. Let us advise you before you make any decisions about your employment.

05

Do not sign any release or settlement

Employers sometimes offer small settlements to misclassified workers in exchange for releasing all claims. The value of a proper misclassification case is often far larger.

06

Contact L&F Brown

We evaluate the full scope of your misclassification, calculate what you are owed, and pursue the most effective available claim.

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By the Numbers

75+

Years Legal Experience

6,000+

Clients Served

One

Case at a Time

What you can recover

Compensation Available in a Misclassification Case

Misclassified workers can recover unpaid wages, the value of denied benefits, and substantial penalties — often going back 3 years.

Track record

Recent Verdicts & Settlements

Past outcomes don't guarantee future results, but they show what's possible when evidence is preserved and all defendants are pursued.

$6M Auto versus government entity settlement.
$4M Slip and fall at major retailer.
$2.5M Slip and fall at major retailer.
$1.5M Complex auto vs auto case.
$900K Complicated auto vs auto accident.
$700K Resolved following an auto accident injury.
Know your rights

Frequently Asked Questions

How do I know if I have been misclassified as an independent contractor?
Under California’s AB5 law, employers must use the “ABC test” to determine whether a worker is an employee or an independent contractor. You are presumed to be an employee unless your employer can prove: (A) you are free from the company’s control in performing your work; (B) you perform work outside the company’s usual course of business; and (C) you are independently established in a trade or business of the same nature as the work you perform. If your employer cannot satisfy all three parts, you are legally an employee entitled to full protections.
What can I recover if I was misclassified?
Misclassified workers may be entitled to unpaid overtime and minimum wages, reimbursement for business expenses that employees are entitled to have covered, the employer’s share of payroll taxes, the value of benefits denied (health insurance, retirement contributions, paid leave), and civil penalties under California’s PAGA law, which can be substantial in class or representative actions.
Can my employer retaliate against me for raising a misclassification claim?
No. California law prohibits retaliation against workers who assert their rights under wage and hour laws. If you are terminated, demoted, or otherwise punished for questioning your classification, you have a separate retaliation claim in addition to the misclassification case.
Does misclassification only affect gig workers?
No. While misclassification is widely associated with gig economy companies, it also occurs in traditional industries including construction, trucking, healthcare, retail, and professional services. Any worker labeled an independent contractor who operates under significant employer control may have been misclassified.
How much does it cost to hire L&F Brown?
Nothing upfront. Misclassification cases are handled on a contingency basis, and many claims include statutory fee-shifting that requires the employer to pay your attorney’s fees if you prevail. Your initial consultation is free.
Employment

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 Wrongful Termination

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 Retaliation

Retaliation

If your employer punished you for reporting misconduct, filing a complaint, or exercising your legal rights, you may have a retaliation claim. California provides strong protections for workers who speak up.

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