Misclassified as an Independent Contractor on a Construction Site? Your California Rights
If you work on a construction site in California, you might be told you’re an “independent contractor” instead of an employee. But sometimes, that classification isn’t right — and it can cost you important rights and protections. If you believe you’ve been misclassified, it’s important to know your legal rights under California law.
What Does It Mean to Be Misclassified?
Being labeled as an independent contractor means you’re seen as self-employed. This can sound appealing, but it usually means you’re not entitled to benefits like:
- Overtime pay
- Meal and rest breaks
- Workers’ compensation
- Unemployment insurance
- Employer-paid taxes
Misclassification happens when a company incorrectly treats someone as an independent contractor, even though they should legally be an employee.
What California Law Says
In California, the law protects workers strongly. In 2020, the state adopted a law called AB 5, which uses the “ABC Test” to decide if someone is truly an independent contractor. This is especially important in the construction industry, where misclassification is common.
Under the ABC Test, a worker is considered an independent contractor only if:
- (A) They are free from the control and direction of the hiring company,
- (B) They perform work that is outside the usual course of the company’s business, and
- (C) They are independently established in that trade or profession.
If the work you do as a laborer, electrician, plumber, or carpenter is essential to the construction company’s business, and the company supervises your work, you’re likely an employee — not an independent contractor.
Why It Matters
If you’re misclassified, you might not get paid fairly or receive benefits you’re entitled to. For example, without the right classification, you could be working 10-hour days without being paid overtime. Or worse, you might get hurt on the job and find out you’re not covered by workers’ compensation insurance.
This isn’t just unfair — it’s illegal. Employers in California who misclassify workers may face serious penalties, including fines and back payments of wages and taxes.
What You Can Do
If you suspect you’ve been misclassified, take action:
- Keep a detailed record of your job duties, hours worked, and supervision.
- Ask for a written copy of your independent contractor agreement.
- Speak with a California employment law attorney who understands the construction industry.
California law is on your side, but these cases can be complex. Having the right legal support can make all the difference.
Need Help? Call Jonny Law
Don’t let yourself be taken advantage of. If you’re working on a construction site and think you’ve been wrongly classified as an independent contractor, help is available. Call Jonny Law at 800-566-4868 today. He can review your situation and help you get the compensation and rights you deserve under California law.
Misclassification is more common than you think — but you don’t have to face it alone. Speak up, protect your rights, and get the support you need.