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Employee misclassification can strip you of regular wages, overtime pay, benefits, and critical legal protections. If your employer has wrongly labeled you as an independent contractor or exempt employee, you may be entitled to significant compensation under California law. At KJT Law Group, our Los Angeles employee misclassification attorneys are committed to helping workers recover what they are owed and holding employers accountable for unlawful practices.
Call today to get help from our Los Angeles employment law lawyers.
How KJT Law Group Can Help With Your Misclassification Case
We intentionally limit our caseload so we can give each client the time, strategy, and attention they deserve. You won’t be treated like just another file. You’ll work directly with your attorney, ensuring clear communication and a legal strategy built specifically around your situation.
Our team takes a hands-on, trial-ready approach from day one. While many firms look for quick settlements, we prepare every case as if it will go to court. This allows us to negotiate from a position of strength and pursue the full compensation you’re owed, not just what’s convenient.
We handle every detail of your case, from investigating your classification and gathering evidence to calculating damages and advocating on your behalf in negotiations or litigation. And because we offer services in English, Spanish, and Armenian, we make sure nothing gets lost in translation.
At KJT Law Group, we don’t pass cases off or cut corners; we build strong, personalized claims designed to win.
What Is Employee Misclassification?
Employee misclassification happens when an employer labels a worker incorrectly. This can happen accidentally due to a misunderstanding of the law or purposefully to avoid providing wages, benefits, and legal protections required under California and federal law. Most often, this means classifying a worker as an independent contractor instead of an employee, or as an exempt employee who is not entitled to overtime pay. In reality, many of these workers should be legally classified as non-exempt employees with full wage and hour protections.
This distinction matters more than many people realize. Employees are entitled to minimum wage, overtime pay, meal and rest breaks, and other protections. Independent contractors and exempt employees, on the other hand, are not guaranteed these rights. By misclassifying workers, employers can cut costs at the worker’s expense.
California uses strict legal standards to determine proper classification, including evaluating how much control an employer has over the work performed and whether the work is central to the business. Simply calling someone an “independent contractor” or paying a salary does not make it legally valid.
Determining Whether You Have Been Misclassified
To determine whether a worker has been misclassified as an independent contractor, we must perform the ABC test. Under California law, a worker is presumed to be an employee unless the employer can prove all three of the following:
- The worker is free from the control and direction of the employer in performing the work.
- The work performed is outside the usual course of the employer’s business.
- The worker is customarily engaged in an independently established trade, occupation, or business.
If your employer cannot satisfy each part of this test, you may have been misclassified and may be entitled to unpaid wages, overtime, and other benefits.
To determine whether someone has been misclassified as exempt, we look at both how you are paid and the actual duties you perform—not just your job title. In most cases, an employer must show that you meet strict legal requirements, including being paid on a salary basis at a minimum threshold and primarily performing specific types of job duties (such as executive, administrative, or professional work).
If your day-to-day responsibilities do not match these legal standards, or if you are not paid properly, your employer may have improperly classified you as exempt. This can mean you were unlawfully denied overtime pay, meal and rest breaks, and other protections under California wage and hour laws.
How We Build a Misclassification Case
Building a strong misclassification case takes careful analysis and solid evidence. Our Los Angeles independent contractor misclassification lawyers focus on the details that matter most and builds your case step by step:
- Reviewing your actual job duties: We look beyond your job title to understand what you really do day to day and how that compares to legal classification standards.
- Analyzing your pay structure: We examine whether you were paid correctly, including salary requirements, overtime eligibility, and reimbursement for expenses.
- Gathering key evidence: This may include pay stubs, time records, contracts, workplace policies, and communications that show how your employer classified and treated you.
- Identifying patterns of misclassification: We evaluate whether your employer misclassified other workers in similar roles, which can strengthen your claim.
- Calculating your damages: We determine the full value of what you are owed, including unpaid wages, overtime, missed breaks, and other losses.
- Working with experts when needed: In some cases, we use expert insight to clearly demonstrate how your role should have been classified under the law.
- Building a case for negotiation or trial: Whether through settlement or litigation, we prepare a strong claim designed to hold your employer accountable.
Every case is different. That’s why our California employee misclassification lawyers tailor our strategy to your specific situation and prepare every case as if it’s going to trial, so you’re always in the strongest possible position.
Get Help from Our Employee Misclassification Team
You deserve to be properly classified and fully paid for your work. If your employer has misclassified you, you may be missing out on significant wages and protections under California law. The Los Angeles employee misclassification lawyers from KJT Law Group are committed to helping you fight back. Practicing the Art of Law, our team fights to hold employers accountable and help you move forward with confidence. Contact us today for a consultation.
FAQs
What Can I Recover If My Employer Misclassified Me?
If your employer misclassified you, you may be entitled to significant compensation under California law. This can include unpaid overtime, minimum wage differences, missed meal and rest break premiums, and unreimbursed business expenses. In some cases, you may also recover interest, penalties, and attorneys’ fees. The exact value of your claim depends on your specific situation, but our team works to identify every dollar you are owed and pursue full recovery.
What Should I Do if I Think I Have Been Misclassified?
If you believe you have been misclassified, start by gathering any documentation related to your job. This may include pay stubs, contracts, schedules, emails, and records of your job duties. Avoid relying solely on your job title; focus on what you actually do day to day. It’s also important not to confront your employer without understanding your rights. Speaking with an employment attorney can help you determine whether you have a claim and what steps to take next.
How Long Do I Have to File a Misclassification Claim?
In California, the time limit to file a misclassification claim depends on the type of violation. In many wage and hour cases, you generally have up to three years to recover unpaid wages, and up to four years if the claim involves unfair business practices. However, deadlines can vary based on the facts of your case. Waiting too long can limit or eliminate your ability to recover compensation, so it’s important to act quickly and speak with a Los Angeles independent contractor misclassification attorney as soon as possible.