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.

California Employee Misclassification Lawyers
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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.

Client Reviews


“Wilshire Law Firm was very fast responding to me about my case… they were very nice and helpful and made sure I understood all of the facts. I would recommend [Wilshire Law Firm] for anyone who is looking for the best; they are number one. Thank you Wilshire and staff for making things feel easier.”

Angela B.

Wage & Hour

$6.8M

San Bernardino County wage and hour class action settlement: a class of employees alleged their employer failed to pay wages owed and sought related penalties.

Wage & Hour

$5.5M

Oakland wage and hour class action settlement: senior living facility employees alleged unpaid wages, meal and rest break violations and unreimbursed expenses in class and representative claims.

Wage & Hour

$4.0M

Hawthorne wage and hour class action settlement: a manufacturer's hourly employees alleged missed rest breaks, short or late meal periods and unpaid wages, plus unreimbursed work expenses.

Wage & Hour

$3.9M

Newport Beach wage and hour class action settlement: hourly manufacturing plant employees alleged late and interrupted meal and rest breaks and sought unpaid premium pay.

Wage & Hour

$3.5M

Camarillo wage and hour class action settlement: hourly employees alleged meal and rest period violations and sought unpaid wages plus the related premiums.

Wage & Hour

$3.5M

Alameda County wage and hour class action settlement: hourly workers at a security systems company alleged unpaid wages and meal and rest period violations, and sought break premiums.

Wage & Hour

$3.3M

Irvine wage and hour class action settlement: hourly employees of a products company alleged they were denied compliant meal and rest breaks and sought premium pay and expense reimbursement.

Wage & Hour

$3.1M

Torrance wage and hour class action settlement: retail store employees alleged unpaid wages and meal and rest period violations, seeking final pay, waiting-time penalties and expense reimbursement.

Wage & Hour

$3.0M

Thousand Oaks wage and hour class action settlement: a manufacturer's employees alleged unpaid pre-shift work and noncompliant meal and rest breaks, seeking break premiums and expense reimbursement.

Wage & Hour

$3.0M

Orange County wage and hour class action settlement: a healthcare employer's hourly workers alleged unpaid overtime and meal and rest break violations and sought premium pay and expense reimbursement.

Wage & Hour

$3.0M

San Diego wage and hour class action settlement: hourly employees alleged unpaid wages and break violations, pursuing meal and rest period premiums and repayment of work costs.

Wage & Hour

$2.8M

Riverside County wage and hour class action settlement: a restaurant franchise's hourly workers alleged unpaid wages and meal and rest period violations and sought to recover their work expenses.

Wage & Hour

$2.8M

Brentwood wage and hour class action settlement: an education provider's hourly staff alleged unpaid wages and meal and rest period violations and sought premium pay and expense reimbursement.

Wage & Hour

$2.5M

San Francisco County wage and hour class action settlement: hourly campus employees sought unpaid wages and work expense reimbursement, alleging meal and rest period violations.

Wage & Hour

$2.5M

San Jose wage and hour class action settlement: hourly car dealership employees alleged they were underpaid, denied proper meal and rest periods and not reimbursed for work expenses.

Wage & Hour

$2.5M

San Francisco County wage and hour class action settlement: hourly clinic staff alleged off-the-clock work, meal and rest period violations, unpaid premiums and unreimbursed work expenses.

Wage & Hour

$2.5M

San Leandro wage and hour class action settlement: hourly employees alleged unpaid overtime, unpaid wages and meal and rest period violations, and claimed break premiums and out-of-pocket costs.

Wage & Hour

$2.4M

Orange County wage and hour class action settlement: restaurant employees alleged a franchise operator failed to provide legally required meal and rest breaks or pay the premiums owed.

Wage & Hour

$2.2M

Los Angeles wage and hour class action settlement: hourly hospital employees alleged their employer failed to provide meal periods required by California law.

Wage & Hour

$2.1M

San Diego County wage and hour class action settlement: franchise restaurant workers alleged unpaid off-the-clock work, late meal and rest breaks without premium pay, and unreimbursed work gear.

Wrongful Termination

$2.0M

Alameda County wrongful termination settlement: an employee who reported a coworker's harassment and helped a colleague file a complaint alleged being fired months later. The employer cited a layoff.

Wage & Hour

$2.0M

Tulare wage and hour class action settlement: food processing employees alleged interrupted rest breaks without premium pay and no reimbursement for personal phones used for work.

Wage & Hour

$2.0M

Watsonville wage and hour class action settlement: hourly workers at an agricultural company alleged unpaid overtime, interrupted lunches and missing rest breaks during long shifts.

Wage & Hour

$1.6M

Barstow wage and hour class action settlement: hourly workers at a vehicle-services business alleged unpaid off-the-clock time, meal and rest break violations and unreimbursed uniform costs.

Workplace Retaliation

$1.0M

Los Angeles County workplace retaliation settlement: an employee alleged being fired weeks after reporting harassment and wage violations. The employer said the position was eliminated.

Wage & Hour

$910K

Gardena wage and hour class action settlement: hourly employees alleged they were denied meal and rest breaks without premium pay and had to cover supplies and phone costs.

Leave of Absence

$825K

Oakland leave of absence settlement: a worker who had come back from approved medical leave was later fired and alleged retaliation and wrongful termination by the employer.

Workplace Harassment

$750K

Woodland workplace harassment settlement: a worker alleged sexual harassment and discrimination, and that supervisors took no action on repeated complaints before the worker was forced to quit.

Leave of Absence

$750K

Los Angeles leave of absence settlement: an employee let go while on approved medical leave alleged disability discrimination and wrongful termination. The employer cited restructuring.

Workplace Retaliation

$500K

Santa Ana workplace retaliation settlement: an employee alleged being let go after reporting inappropriate conduct by a manager. The company called it a layoff.

Workplace Retaliation

$500K

Fresno workplace retaliation settlement: an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.

Leave of Absence

$500K

Commerce leave of absence settlement: an employee on approved medical leave alleged being fired weeks before a scheduled return, with no prior warnings. The claims included disability discrimination.

Disability Discrimination

$500K

Morgan Hill disability discrimination settlement: an employee alleged being let go during medical treatment after a request for remote work was refused. The employer cited hardship.

Disability Discrimination

$500K

Los Angeles County disability discrimination settlement: an employee alleged being fired for requesting more medical leave while coworkers were already covering the work. The employer cited hardship.

Disability Discrimination

$425K

Anaheim disability discrimination settlement: an employee facing medical treatment alleged being fired in retaliation within two weeks of complaining about a manager, despite no write-ups.

Disability Discrimination

$395K

Riverside disability discrimination settlement: an employee alleged being fired after asking to extend medical leave. The employer said the leave was exhausted.

Wrongful Termination

$340K

Santa Clara County wrongful termination settlement: an employee alleged being fired after complaining to human resources about a manager. The employer raised performance concerns after the complaint.

Workplace Discrimination

$260K

California workplace discrimination settlement: an employee alleged the employer denied reasonable accommodations and then ended the job, bringing discrimination and wrongful termination claims.

Leave of Absence

$250K

Bakersfield leave of absence settlement: an employee on doctor-ordered medical leave alleged being fired during the leave. The termination letter gave no reason.

Wrongful Termination

$225K

Campbell wrongful termination settlement: an employee who sought a medical accommodation alleged being fired in retaliation days after human resources closed a harassment complaint.

Wage & Hour

$220K

Signal Hill wage and hour class action settlement: employees alleged they missed meal and rest breaks without receiving premium pay and were not paid for all time worked.

Wage & Hour

$200K

Hemet wage and hour class action settlement: hourly thrift store employees alleged meal and rest period violations, seeking premium pay, cell phone expense reimbursement and PAGA penalties.

Wage & Hour

$185K

Shasta County wage and hour settlement: an employee brought a representative claim on behalf of healthcare employees, alleging meal and rest period violations, unpaid wages and unreimbursed expenses.

Wrongful Termination

$176K

Newport Beach wrongful termination settlement: a restaurant employee alleged being fired after reporting a coworker's sexual harassment. The employer claimed a layoff but brought that coworker back.

Disability Discrimination

$175K

San Francisco disability discrimination settlement: an employee with disabling medical conditions alleged being denied accommodations and wrongfully terminated from a salaried position while disabled.

Disability Discrimination

$174K

Tulare County disability discrimination settlement: an employee on medical leave alleged being fired while still disabled and awaiting further treatment. The employer cited a single write-up.

Wrongful Termination

$170K

Torrance wrongful termination settlement: a care facility employee alleged being fired the same day the employee reported medication handling concerns and racial mistreatment to corporate.

Leave of Absence

$125K

Downey leave of absence settlement: an employee alleged being fired while on medical leave after a warning that filing for protected leave would lead to termination.

Disability Discrimination

$125K

Sacramento County disability discrimination settlement: an employee on intermittent medical leave alleged being fired because of a medical condition and age. The claims also included retaliation.

Wage & Hour

$116K

San Diego wage and hour settlement: a restaurant employee alleged unpaid overtime from edited time sheets and straight-time pay for extra hours, plus missed meal and rest breaks.

Wage & Hour

$100K

Victorville wage and hour class action settlement: hourly restaurant employees alleged their employer left wages unpaid, violated meal and rest period rules and did not reimburse work expenses.

*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.

Employee Misclassification Cases: How It Works

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It starts with one call. From there, we handle everything, building your case, standing up to insurance companies and corporations, and fighting for your future. Here's how it works...

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.

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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 of 17

  • #1 Truck v. Pedestrian Accident Settlement — California (2024)

    #1 Truck v. Pedestrian Accident Settlement

    2024

  • #1 Multi-Vehicle Accident Settlement — California (2024)

    #1 Multi-Vehicle Accident Settlement

    2024

  • #1 Equipment Malfunction Settlement — California (2024)

    #1 Equipment Malfunction Settlement

    2024

  • #1 Car v. Stationary Object Collision Settlement — California (2024)

    #1 Car v. Stationary Object Collision Settlement

    2024

  • #1 Bus v. Passenger Accident Settlement — California (2024)

    #1 Bus v. Passenger Accident Settlement

    2024

  • #1 Whistleblower Retaliation Settlement — California (2023)

    #1 Whistleblower Retaliation Settlement

    2023

  • #1 Underinsured Motorist Settlement — California (2023)

    #1 Underinsured Motorist Settlement

    2023

  • #1 Slip & Fall Accident Settlement — California (2023)

    #1 Slip & Fall Accident Settlement

    2023

  • #1 Negligent Security Settlement — California (2023)

    #1 Negligent Security Settlement

    2023

  • #1 Ladder Accident Settlement — California (2023)

    #1 Ladder Accident Settlement

    2023

  • #1 Hotel Premises Liability Settlement — California (2023)

    #1 Hotel Premises Liability Settlement

    2023

  • #1 Car v. Car Collision Settlement — California (2023)

    #1 Car v. Car Collision Settlement

    2023

  • #1 Bicycle Accident Settlement — California (2023)

    #1 Bicycle Accident Settlement

    2023

  • #1 Pregnancy Discrimination Settlement — California (2022)

    #1 Pregnancy Discrimination Settlement

    2022

  • #1 Age/Disability Discrimination Settlement — California (2022)

    #1 Age/Disability Discrimination Settlement

    2022

  • #1 Wrongful Termination Settlement — California (2022)

    #1 Wrongful Termination Settlement

    2022

  • #1 Meal & Rest Breaks Settlement — California (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.

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