If you’re like many people, you know that salary misclassification is a serious problem in California – and that it often results in employees being paid less than they deserve, being denied worker protections, and losing certain labor rights. But what can you do if you’re a misclassified employee in California? This guide explains. What Can You Do if You’re … Read More
How to Know if You’re a Contractor or Employee Under FEHA
Unfortunately, salary misclassification is fairly common in California – that’s what happens when an employer says that a worker is a contractor rather than an employee. Sometimes it’s completely unintentional; the employer actually believes the worker is a contractor. However, in some cases, employers deliberately misclassify employees in an effort to save money or dodge their tax obligations. That’s a … Read More
What is the Federal Economic Realities Test?
When a federal court has to determine whether a worker is an employee or a contractor, it uses something called the economic realities test. In many ways, the economic realities test is a lot like the state of California’s manner and means test. What is the Federal Economic Realities Test? The federal economic realities test is a test that determines … Read More
Who is Subject to California’s Manner and Means Test?
California’s manner and means test is a test that determines whether a worker is an independent contractor or an employee – and that’s important, because contractors and employees are entitled to different protections when it comes to pay, benefits, and even discrimination and harassment in the workplace. Only some people are subject to the manner and means test; other workers … Read More
1099 vs. W-2 Employees: The Big Differences Between the Two
Are you a 1099 worker or W-2 employee – and does it matter? From an employer’s standpoint, it certainly makes a big difference… but you may be surprised to learn that many employers misclassify employees. Sometimes employers make genuine mistakes, but in other cases, employers willfully misclassify employees in order to save money. Here’s what you need to know. 1099 … Read More