Employers can illegally attempt to circumvent wage and hour laws by “misclassifying” employees – meaning classifying a worker as an independent contractor when the worker is, in fact, an employee. California follows the so-called “ABC Test” to determine if a worker is an employee as opposed to an independent contract by looking at: (1) the extent of control and direction of the hiring individual in terms of the performance of work tasks; (2) whether the worker performs work that is outside the hiring entity’s normal operation; and (3) whether the work normally falls under an independent trade, occupation or business. See https://www.labor.ca.gov/employmentstatus/abctest/. If you feel that you have been misclassified as an independent contract, as opposed to an employee, please contact our firm - we may be able to assist.