Gig workers have rights in California. If the company you’ve worked with is treating you unfairly, contact an independent contractor attorney in Los Angeles, CA at Setyan Law.
Self-employed contractors in California have some of the same rights as regular employees. However, there are many differences. You have a right to be treated fairly in the workplace. To learn more about your specific situation, contact a Los Angeles, CA independent contractor attorney at Setyan Law.
Who Qualifies as an Independent Contractor?
An independent contractor, often called a “gig worker” or “1099 employee,” is a private contractor who works as an independent worker. They often have different policies and requirements while working compared to full-time, normal, or W-2 employees. Some considerations that are made when determining if someone is an independent contractor include the following:
- Do you set the hours that you work?
- How are you paid?
- Do you work for multiple companies or “employers”?
- Does the company you work for provide you with supplies?
- Does the company you work for provide you with a place to work?
- Do you have a supervisor, or do you make independent decisions?
While you might have specific deadlines as an independent contractor, you typically get to set the days and hours that you work. If, for example, you are required to work from 9:00 a.m. until 5:00 p.m., Monday through Friday at the company’s location of choice, then you may not be an independent contractor. Instead, you may qualify as a regular employee and have different rights.
What Is the Difference Between an Independent Contractor and an Employee?
There are many differences between independent contractors and employees, including:
- You are responsible for paying employment taxes.
- You are not entitled to workers’ compensation or unemployment insurance.
- You are not covered by all the same overtime or wage and hour laws.
- You are not typically entitled to employee benefits, such as sick days and health insurance.
- You are not protected by some regulations to ensure a safe and healthy work environment.
Overall, contract workers are responsible for their own work environment, benefits, and taxes. The employer is not required to police the details of when, where, and how they work.
How Will Setyan Law Review My Case?
Setyan Law will review whether or not you are an independent contractor according to two main tests used by the courts: the ABC test and the Borello test.
The ABC test is the default test. If you are free from the control of the company and perform work outside of the “usual course” of business, then you may be an independent contractor.
The Borello test lists specific professions that may be independent contractors, including doctors, accountants, lawyers, architects, engineers, sales professionals, insurance brokers, and some others.
When Setyan Law reviews your case, we will look at the following:
- Details of your original employment contract
- When work was to be performed
- Where and how contracted work is performed
- In what manner you have been paid, if at all
- How benefits and/or taxes have been handled by the employer
- Whether you were allowed to work for other employers during the contract
It’s important to determine if the company complied with the contract that you originally established. We must also review any updates to the expectations of the original contract. These changes may have been made orally or in writing but should be carefully considered when ensuring your rights have been upheld as a gig worker or independent contractor.
How Can an Independent Contractor Lawyer Help Me?
Whether you work for Uber, Lyft, DoorDash, or have your own business as an independent contractor, the company must follow state and federal guidelines when working with you. If you are not paid properly or the employer changes your requirements, you should consult with an independent contractor lawyer in Los Angeles, CA. Our Los Angeles, CA employment lawyers are here to answer your questions.
Setyan Law has a team of legal professionals with experience handling independent contractor lawsuits and claims. Call us today at (213) 618-3655 to schedule a free consultation. No fee unless you win.
How an Employment Attorney in Los Angeles, CA Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.