Practice Areas – Misclassification

Misclassification Attorney

Your California Misclassification Attorney

Unlock success with a 1099 attorney Understanding Employee Misclassification

Two individuals shaking hands in a professional setting, symbolizing an agreement that may involve issues of worker misclassification, prompting the need for a 1099 attorney.

Recognizing Employee Misclassification

Employee misclassification, where workers are wrongly categorized as “exempt,” “non-exempt,” or “independent contractors,” deprives them of rightful benefits such as overtime pay, breaks, and health insurance. “1099 Attorney” does not fully explain what an employee misclassification attorney does, since this area of employee classification is complex. If you’re affected by misclassification, contact us for a free consultation at 619-333-5100. We operate on a contingency fee basis, ensuring you only pay when we recover your dues.

Your Rights as an Employee

Both state and federal laws grant protections to employees. California, in particular, extends strong protections, even to undocumented workers. As an employee, you’re entitled to:

– Minimum wage

– Overtime and double-time pay

– Sick pay, rest breaks, and paid vacations

– Unemployment benefits if dismissed

– Workplace safety and anti-discrimination protections

– Workers’ compensation for work-related injuries

– Employer contributions to Social Security and Medicare taxes

Misclassified employees, whether exempt or independent contractors, miss out on these benefits. 

Exempt vs. Non-Exempt Employee Misclassification

Misclassification isn’t limited to distinguishing between employees and contractors. It also involves incorrectly categorizing employees as “exempt” when they should be “non-exempt,” affecting their right to overtime, breaks, and minimum wage. There are also tax implications to how you’re classified. California sets specific criteria for exempt status, including job duties and salary benchmarks. A 1099 Attorney in your area can help you navigate these issues. 

Independent Contractor vs. Employee Misclassification

Being misclassified as an independent contractor can mean forfeiting numerous employee benefits and protections. The ABC test in California, established by the Dynamex Operations West case, outlines criteria for independent contractor (or “1099”) status. If your role doesn’t meet these criteria, you may be legally an employee. When referencing “1099” or “1099 Attorney”, what that phrase really refers to is a form issued by the IRS for reportable income. An independent contractor is a person who fills out an IRS Form 1099. 

Challenging Misclassification and Seeking Justice

Challenging your employer can be daunting, but remember, the law prohibits retaliation for asserting your rights. If you’ve been wrongfully terminated or faced other adverse actions for questioning your classification, you may have grounds for further legal action.

Why Choose Goldfaden Benson

At Goldfaden Benson, we understand the complexities and stress of misclassification. Our contingency fee approach means you pay us only when we successfully recover your wages and benefits. Don’t let misclassification undermine your rights and compensation. Reach out to our San Diego employment law firm today for a free consultation and explore your options for justice.

"Justice delayed is justice denied."

William E. Gladstone

plan of action

know your rights

If you think your employer has misclassified your employment status and are unsure of whether or not you are entitled to recovery, contact our office immediately for a free case evaluation. 

We are happy to hear from you. 


Evaluate your situation

Our comprehensive case evaluation will ensure you understand your options and are aware of all available resources.



We will negotiate with the opposing party on your behalf, keeping you informed along the way.


Fight For You in Court

If needed, we will file a lawsuit on your behalf and advocate in your best interest every step of the way.

we are here for you. always.

Please contact our office immediately.

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