The ABC test decides, not your contract
Under California's ABC test, you are an employee unless the company proves all three: you're free from its control, you work outside its usual course of business, and you run your own independent trade. A delivery driver for a delivery company fails B almost automatically. Signing a contractor agreement changes nothing.
What misclassification stole from you
- Overtime after 8 hours a day
- Meal and rest break premiums
- Reimbursement for mileage, phone, and equipment
- Employer payroll taxes you paid yourself
- Minimum wage guarantees, paid sick leave, and more
Four years of paychecks, recalculated
Misclassification claims reach back up to four years and stack unpaid wages, penalties, interest, and attorney fees. Where a whole workforce is labeled contractors, representative actions raise the stakes further. These are among the most valuable wage cases in California.
Questions we hear
I signed an independent contractor agreement. Doesn't that settle it?
No. Courts apply the ABC test to the reality of the work, not the paperwork. Contracts don't waive employee status.
I set my own hours. Am I really an employee?
Maybe. Flexibility on scheduling is only part of one factor. If you work inside the company's core business, part B alone can make you an employee.
Will the company get in trouble with the IRS or EDD too?
Possibly, and agency findings can support your case. Our focus is recovering what you're owed: wages, penalties, interest, and fees.