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So what can I actually do if I have already been misclassified?

So what can I actually do if I have already been misclassified?

U.S. Institution regarding Labor, Wage, and you may Hr Division Reality Sheet thirteen. Brand new FLSA decide to try can be also known as the latest “Financial Facts” sample.

  • The newest extent to which the support are an integral part of the principal’s providers. Since used right here, “principal” basically form the fresh organization that’s hiring this new staff member.
  • The fresh new permanency of relationship.
  • The level of the new alleged contractor’s financial support in the establishment and you may equipment.
  • The type and amount of handle from the principal.
  • Brand new so-called contractor’s opportunities to possess profit and loss.
  • This new alleged contractor’s potential to have profit and loss.
  • The degree of separate providers providers and process.
  • The place where the work is carried out.
  • Brand new exposure or lack of composed a career otherwise employing arrangement.

From inside the Ca, the latest “Monetary Basic facts” try is hardly applied since California’s Reasonable A job and you will Homes Act, Work Password and you may wage rules are generally a lot more beneficial to workers than just FLSA.

Misclassification, Charges, and you can Remedies

Exactly as there are numerous contexts significantly less than that category away from a ca worker or independent company will get important, there are also a number of charges that an employer was topic to possess misclassification, and a number of ways a good misclassified staff could well be in a position to recuperate damages.


Not as much as Ca Labor Password § 226.8, it is unlawful for the workplace to willfully misclassify just one because the a different company.

Engaging in willful misclassification is also subject an employer so you’re able to a civil punishment by Labor and Team Advancement Agency of from around $5,000 to $15,100000 for every solution.

“Willful misclassification” form “to stop worker updates for someone of the willingly and you can consciously misclassifying that individual since the a different company.” Labor Code §226.8(j).