$15.0M
Recovery for employees denied legally required meal and rest breaks.
Employment
California Employee Misclassification Lawyers
Were you labeled an independent contractor when you should have been an employee? At Wilshire Law Firm — an award-winning, nationally recognized team — our attorneys help misclassified California workers recover unpaid wages, overtime, and benefits. Contact us 24/7 for a free case review with a legal professional — there are no fees unless you get paid.
- $3B+RECOVERED
- 7X"BEST LAW FIRM" AWARDS
- 24/7AVAILABILITY & SUPPORT
- 500+LEGAL PROFESSIONALS
Understanding Your Employee Misclassification Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Employee misclassification happens when an employer labels a worker as an independent contractor even though the law treats them as an employee. Under California's ABC test — codified by Assembly Bill 5 (AB 5) after the Supreme Court's Dynamex decision — a worker is presumed to be an employee unless the employer proves all three prongs: the worker is free from control, performs work outside the company's usual business, and is engaged in an independent trade. Misclassified workers often lose access to minimum wage, overtime, meal and rest breaks, workers' compensation, and other protections. Learn more about your options with an employment lawyer.
Misclassification can cost you money and legal protections you are entitled to. Independent contractors typically do not receive overtime pay, guaranteed minimum wage, paid sick leave, meal and rest breaks, unemployment insurance, or workers' compensation coverage, and they shoulder payroll taxes the employer should share. When you are actually an employee under California law, you may be owed those unpaid wages and benefits. Our unpaid wages lawyers can review what you may be able to recover during a free case review.
Misclassification is generally proven by applying California's ABC test to how you actually worked, not to the label on your paperwork. Evidence includes how much control the employer had over your schedule and methods, whether your work was central to the company's business, and whether you truly operated your own independent business. Pay stubs, 1099 forms, contracts, schedules, and communications all help establish your real status. A legal professional can evaluate these facts for you.
Misclassified California workers can generally recover unpaid wages and additional penalties. These commonly include unpaid minimum wage and overtime, missed meal and rest break premiums, reimbursement of business expenses (Labor Code §2802), interest, and civil penalties for willful misclassification (Labor Code §226.8), which can range from $5,000 to $25,000 per violation. Because every case is unique, a California wage lawyer can review your losses during a free case review.
Wilshire Law Firm is an award-winning, nationally recognized team that has helped California workers stand up to employers who cut corners on the law. Our attorneys review your classification, explain your rights under California law, handle communications with your employer, and build your case for maximum recovery — including through a class action when many workers were misclassified the same way. There are no fees unless you get paid.
Meet Our Employee Misclassification Attorneys
Nationally-Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
John G. Yslas, Esq.Senior Partner, Chair of the Employment Wage & Hour Class Action Department
Mary Lee Caruso, Esq.Senior Partner
Tyler J. Woods, Esq.Senior Partner
Arrash Fattahi, Esq.Partner
Benjamin Haber, Esq.Partner
Nicol Hajjar, Esq.Partner
Diego Aviles, Esq.Junior Partner
Jeffrey Bils, Esq.Junior Partner
Emily Borman, Esq.Junior Partner
Jose Maria D. Patino, Jr., Esq.Junior Partner
Christina M. LeJunior Partner
William M. Pao, Esq.Junior Partner
Eugene Zinovyev, Esq.Junior Partner$12.0M
Recovery for employees denied legally required meal and rest breaks.
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Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
How Do I Know If I've Been Misclassified as an Independent Contractor in California?
You have likely been misclassified if you fail California's ABC test — meaning your employer controls how you work, your job is part of its core business, or you are not running an independent business of your own. Signs include being paid on a 1099 while working set hours, using company equipment, and doing the same work as W-2 employees. If any of these apply, contact Wilshire Law Firm's employment attorneys for a free case evaluation.
Start Your Free Employee Misclassification Case Review
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Record breaking results
Winners of #1 Settlements in California
Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.
17#1 Settlements in California, 2022–2024*
TopVerdict #1TopVerdict.com #1 settlements
1–1 of 17
#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
2024
#1 Equipment Malfunction Settlement
2024
#1 Car v. Stationary Object Collision Settlement
2024
#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
2023
#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
2023
#1 Bicycle Accident Settlement
2023
#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
2022
#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Employee Misclassification FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
Misclassification happens when an employer labels a worker as an independent contractor even though the law treats them as an employee. California applies the ABC test, which presumes a worker is an employee unless the employer proves all three of its conditions. The label on your paperwork does not control; how you actually worked does.
Under the ABC test, a worker is considered an employee unless the hiring business shows the worker is free from its control, performs work outside its usual business, and is customarily engaged in an independent trade of the same nature. If the employer cannot prove all three, the worker is an employee. This standard comes from the Dynamex decision and later legislation.
Misclassified employees may be able to recover pay and protections they were denied. These can include unpaid minimum wage and overtime, premium pay for missed meal and rest breaks, and other Labor Code remedies. The exact recovery depends on how you were treated and for how long.
Claims for unpaid wages and related Labor Code violations generally must be brought within three years, and some claims tied to a written contract or unfair competition may reach back further. Because deadlines have exceptions and depend on the specific claim, confirm your timeline promptly. An attorney can identify which periods apply.
California law generally prohibits employers from firing, demoting, or otherwise retaliating against workers who assert their wage and classification rights. If several coworkers were misclassified under the same policy, they may also be able to pursue a claim together. Retaliation after you raise the issue can be treated as a separate violation. If you experienced retaliation, our workplace retaliation lawyers can review what happened during a free case review. If you were misclassified in Oregon, our Oregon unpaid wages lawyers can help. Misclassified workers in the San Diego area can also reach our San Diego employment lawyers.