Employee Misclassification Attorney Los Angeles

Cohen Law Group represents employees across California who have been improperly classified as independent contractors or exempt employees and denied critical protections such as overtime pay, meal and rest breaks, and employee benefits. Misclassification is a common tactic used to avoid overtime, breaks, payroll taxes, and benefits.

California has some of the strictest worker classification laws in the country. When employers get classification wrong, workers are often denied significant compensation and protections.

What is employee misclassification?

Employee misclassification occurs when an employer improperly labels a worker as an independent contractor or an exempt employee to avoid legal obligations. Under California law, most workers are presumed to be employees, and employers must meet strict legal criteria to classify a worker otherwise. Even seemingly technical classification errors can cost workers significant compensation.

The ABC test, in plain English

California applies the “ABC test” to decide whether a worker is an employee or an independent contractor. You are presumed to be an employee unless the employer can establish all of the following:

• The worker is free from the company’s control.
• The worker performs work outside the company’s usual business.
• The worker operates an independent trade.

When these conditions are not met, treating a worker as an independent contractor may violate California law.

Common misclassification violations

Warning signs you may be misclassified

Not every independent contractor role is unlawful. But when several of these are true, the label may not reflect the reality of your job:

• You work a set schedule controlled by the company.
• Your work is central to the company’s business.
• You rely on company tools and systems to do the job.
• You are paid hourly rather than per project.
• You are restricted from working with other clients.
• Your title says “manager,” but your actual duties do not match it.

How courts evaluate misclassification claims

• The ABC test under California law
• Degree of control exercised by the employer
• Whether the work is within the employer’s usual business
• The worker’s independence and business operations
• Actual job duties versus job title or agreement

What you may be able to recover

Workers who prevail in misclassification cases may be entitled to:

In many cases, employees are also entitled to recover attorneys' fees and litigation costs.

Which remedies apply depends on the facts of your case. Client reviews and past outcomes do not guarantee a similar result in your matter.

What to do now

1. Document how you actually work. Keep records of your hours, job responsibilities, who sets your schedule, and how you are paid.
2. Keep your paperwork. Save any contractor agreement, offer letter, pay records, and communications, even though the label in them does not decide your status.
3. Get an early evaluation. Delay can significantly reduce or eliminate what you can recover.

Misclassification FAQs

I signed an independent contractor agreement. Doesn't that settle it?

No. Classification depends on the reality of the working relationship, not on how the employer labels it or what the agreement says. Courts look at control, whether the work is within the company’s usual business, and your independence.

Who has to prove I am a contractor?

Under the ABC test, a worker is presumed to be an employee unless the employer can establish that the worker is free from control, performs work outside the company’s usual business, and operates an independent trade.

My title is “manager.” Does that make me exempt from overtime?

Not by itself. Exempt status depends on your actual job duties and on meeting salary threshold requirements, not on your job title.

How long do I have to bring a claim?

Misclassification claims are subject to strict deadlines. Statutes of limitation may limit how far back wages can be recovered, and different claims may have different deadlines. Prompt legal evaluation is critical.

For an overview of employee rights in California, return to Employment Law. To talk about your situation, call (310) 747-1883 or request a free consultation. An attorney reviews every submission and follows up promptly.

Misclassification affects contractors and “exempt” staff alike, from Santa Monica to Century City offices. Meet the attorneys who handle these cases.