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Independent Contractor Attorney | Oxnard, California
Are you called an independent contractor but treated like an employee? If so, you may be missing out on employee benefits – including overtime pay – that your company is obligated to provide you.
Independent contractors give up benefits
If you are an independent contractor you receive no benefits. You also are responsible for paying Federal Income Tax every three months, usually at the higher rate of someone who is self-employed.
If you are an employee, rather than an independent contractor, your employer is required to make contributions on your behalf for:
- Unemployment
- Disability
- Workers’ Compensation
- Social Security
If you are classified as an independent contractor but you are really an employee, you also may miss out on employee benefits such as:
- Wage-and-Hour Protection
- Overtime
- Meal and Rest Break Protection
- Paid Vacation and Sick Leave
- Health Insurance
- Pregnancy Leave
- Any Benefits Typically Provided to Employees
Note: Even as an independent contractor, you are protected by California law against sexual harassment . Your employer has a duty under the law to protect its employees and anyone working for it in any capacity against harassment.
Independent contractors have no bosses.
An independent contractor controls:
- How the work is done.
- Where the work is done.
- When the work is done.
The employer is only concerned with the end result.
Other characteristics (partial list) of an independent contractor.
Independent Contractors:
- Establish their own procedures to do the work.
- Are not supervised.
- Are free to work when they choose
- Control how they work.
- Are paid on a job basis.
- Receive little if any training.
- Are not required to attend meetings.
- Furnish their own tools and materials for the job.
- Hire their own assistants and sub-contractors to assist or to do the job.
- And their relationship with the employer ends when the job is finished.
Both California and the Federal government have “Common Law Tests” to determine if you are an employee or an independent contractor. Though the tests differ from each other, many parts overlap.
How employees are fooled into thinking they’re independent contractors
Below are some reasons that employees mistakenly give as to why they are not independent contractors:
- You wanted to be treated as an independent contractor.
- You signed a written contract saying your were an independent contractor.
- You do assignments sporadically, inconsistently, or on-call.
- You are paid only commission.
- You have no supervision.
- You work for more than one company.
None of these factors automatically make you an independent contractor.
Contact us.
If you have experienced any of these situations, contact Nicolas Vrataric, an independent contractor attorney at The Law Firm of Nicolas C. Vrataric, for a free, confidential, no-obligation consultation to discuss your situation.
Why you should file a case.
If you are treated as an independent contractor but you are really an employee, you may be eligible for:
- Back pay.
- Reimbursement for all benefits you should be getting.
- Overtime.
- Your employer having to pay back Social Security, Unemployment, Workers’ Compensation, Disability, and other taxes on your behalf.
Yes, you can afford it.
The Law Offices of Nicolas C. Vratarick works on a contingency basis. That means you pay nothing until the case goes to trial or settles.
For a free, confidential, no-obligation consultation, contact Nicolas Vrataric, an independent contractor lawyer at The Law Offices of Nicolas C. Vrataric.
Law Offices of Nicolas C. Vrataric
826 South "A" Street
Oxnard, CA 93030-7140
805-486-7600 phone
805-486-7655 fax
