Employee Misclassification Attorney — San Francisco
What Is the Difference Between a Contractor and an Employee?
It is often difficult to tell the difference between an independent contractor and an employee. Courts will look at a number of factors to determine the reality of the working situation. One key factor in determining employee misclassification is the degree of control the employer has over the independent contractor. Typically, an independent contractor has control over his or her own process and methods when completing a project.
Independent contractors pay their own taxes on the work performed, meaning they will not receive a W-2 at the end of the year, but rather a 1099. They also do not receive health benefits, paid overtime or other benefits that employers typically offer only to employees.
If an independent contractor was misclassified and is actually an employee, then he or she may have a right to the benefits that employees receive. This can include overtime, vacation and health benefits. Also, the employer can be retroactively taxed for payments made to the employee.
Example: An IT worker veterinarian is classified as an independent contractor. However, he is told he must be in the office from 9 a.m. to 5 p.m. and must follow the company’s detailed procedures and prescribed methods. The employee may be misclassified and entitled to benefits or overtime pay as an employee.
Free Consultation With a Bay Area Contractor Employment Law Attorney
If you need legal counsel regarding independent contractor status, I offer a free case evaluation by telephone. Call 415-689-6590 (866-290-0424 toll free) or contact me, a San Francisco contractor employment law attorney, online to talk to me about your case.