Working long hours under supervision, following strict instructions, but still labeled as a “1099” contractor? If so, you might be a victim of independent contractor misclassification, and in California, that means you’re likely entitled to more rights and pay than you’re receiving.
Misclassification isn’t just an accounting error, it’s wage theft. And it’s rampant across industries in California, from rideshare and delivery services to healthcare, janitorial, creative, and logistics work.
At Bibiyan Law Group, our Los Angeles misclassification lawyers fight for workers who have been wrongly labeled. We’ve helped thousands reclaim their unpaid wages, recover penalties, and hold employers accountable. You deserve to be recognized and compensated as the employee you truly are.
What Is Independent Contractor Misclassification?
Independent contractor misclassification occurs when a company classifies someone as an independent contractor (paid via 1099) instead of as an employee (paid via W-2), denying them:
Minimum wage protections
Overtime pay
Meal and rest breaks
Workers’ compensation
Paid sick leave and unemployment insurance
Employer-paid payroll taxes and Social Security contributions
This is not a gray area. Under California labor law, it’s illegal when misclassification is used to cut costs at the expense of your rights. In fact, it’s one of the many practices that fall under the umbrella of wage theft in California.
California AB5 Law: The ABC Test
The landmark AB5 legislation, passed in 2019, reshaped the rules around independent contractors in California. The law established the ABC test, which states that a worker is presumed to be an employee unless:
A. The worker is free from control and direction by the hiring entity in how they perform their work
B. The work performed is outside the usual course of the hiring entity’s business
C. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed
If your situation fails even one of these conditions, you’re likely an employee. Employers that violate this standard can face serious penalties and lawsuits.
Cómo puede ayudar Bibiyan Law Group
At Bibiyan Law Group, we provide comprehensive legal support to workers who have been misclassified or denied proper wages in accordance with California law. Our attorneys thoroughly investigate your job duties, conditions, and employer practices to determine whether you are truly classified as an independent contractor or if you meet the legal definition of an employee under AB5 and the California Labor Code.
Once we confirm a misclassification or labor violation, we take swift action by filing claims to recover unpaid wages, missed meal and rest break penalties, and other damages. We represent workers in both individual claims and large-scale class action lawsuits, ensuring that no one is left behind.
We offer free consultations to evaluate your situation, and you pay nothing unless we win your case. Whether your issue involves unpaid overtime, denied breaks, or broader wage theft, our team has recovered millions of dollars on behalf of misclassified workers throughout Los Angeles and Southern California.
Real Case Result: Veronica’s Story
Veronica worked 13-hour shifts cleaning offices. Her employer claimed she was a contractor, yet dictated her schedule, tasks, and even uniform. She filed a claim with the California Labor Commissioner and recovered:
- Back pay for unpaid overtime
- Missed meal/rest break penalties
- Workers’ compensation coverage
- Damages for misclassification
This is not a one-off case. These practices are alarmingly common and legally challengeable.
Schedule Your Free Consultation Today!
Industries Where Misclassification Happens Most
Our Los Angeles employment attorneys frequently encounter independent contractor misclassification across a wide range of industries. Although any worker can be affected, we observe the highest rates of illegal misclassification in jobs where supervision, scheduling, and company dependency are inherent to the work structure.
Rideshare & Delivery: Workers for platforms like Uber, Lyft, DoorDash, and Instacart are often subject to algorithmic management, uniform company standards, and app-based schedules, all signs that they’re employees, not contractors.
Janitorial & Cleaning Services: Many cleaners are told when to show up, what to clean, and how to do it while still being paid as independent contractors. This violates core principles of the ABC test under California law.
Construction & Skilled Trades: Employers frequently misclassify construction crews, electricians, and other tradespeople to evade payroll taxes and overtime obligations, despite these workers utilizing company tools and adhering to detailed job orders.
Freelance Creative Professionals: Writers, designers, and photographers may be contracted for long-term assignments with strict deadlines and oversight, especially when producing content central to a company’s operations.
Warehouse & Transportation: From forklift operators to long-haul truck drivers, workers often face contractor status even though they work regular hours, use company vehicles, and follow company-mandated routes.
Healthcare & Caregiving: In-home caregivers, health aides, and nursing support staff are frequently scheduled and supervised by agencies but classified as independent contractors, denying them key benefits and protections.
These industries remain under high scrutiny from state regulators. If you’re working in any of these sectors and feel your working conditions resemble those of a traditional employee, it may be time to consult a misclassification attorney.
Signs You May Be Misclassified as an Independent Contractor
In California, just signing a contract that labels you as an “independent contractor” doesn’t determine your legal employment status. What truly matters is how you perform your work on a day-to-day basis. You may actually be classified as an employee and entitled to full labor protections if certain conditions apply.
For example, if your company sets your work hours or assigns your schedule, you’re likely operating under their control. If you’re performing tasks that are essential to their core business, not peripheral services, that’s another strong indicator. Working exclusively for one client or employer, rather than multiple clients, also suggests a more employee-like relationship.
Additional signs include being required to follow specific processes or detailed instructions, receiving supervision or performance evaluations from managers, and not advertising or marketing your services to other potential clients or the public.
Under California’s AB5 and Labor Code, courts and agencies evaluate the reality of your working relationship, not just your job title or contract language. If your role aligns more closely with that of an employee, you may be entitled to pay back, benefits, and legal protections that independent contractors typically don’t receive.
What You May Be Owed if Misclassified
If you’ve been misclassified, you could be entitled to:
Unpaid overtime pay
Reimbursement for business expenses
Meal and rest break premiums
Waiting time penalties
Statutory damages and interest
Employer-paid taxes and benefits contributions
In some cases, misclassified employees also qualify for recovery under California’s protections for piece-rate workers.
What To Do If You Suspect Misclassification
Save Documentation: Keep pay stubs, communications, task assignments, work hours, and client rosters.
Speak With a Lawyer: The law is complex, and legal advice can help clarify your next steps.
File a Wage Claim: California’s Labor Commissioner handles misclassification claims, and Bibiyan Law can guide you through it.
California Labor Commissioner’s Office – 320 W. 4th Street, Suite 450, Los Angeles, CA 90013
You can also refer to this guide on unpaid wages and missed breaks to understand broader wage protection rules in the state.
Frequently Asked Questions (FAQs)
No. California law prioritizes how your work is performed, not the contract title.
You generally have three years from the date of the violation.
Yes. California law protects all workers, regardless of immigration status.
You can still file a claim for the period you were misclassified.
No. Retaliation is illegal, and additional penalties may apply if your employer retaliates.
Get Help Today with a Misclassification Lawyer
Misclassification robs you of your time, benefits, and income. At Bibiyan Law Group, we’re here to get it back.
- No upfront fees
- You don’t pay unless we win
- Confidential, multilingual support