AB5 Misclassification / Contractor Classification Lawsuits and Cases

AB5 misclassification / contractor classification cases are issues that are very common in every state and which cuts across most wage and hour, minimum wage and break cases. It used to be that the court would consider up to 15 factors before determining whether a worker is properly classified as an employee or as an independent contractor. Several cases over the last 7 years have altered that analysis. First, the California Supreme Court expanded the scope of workers whom are deemed to be employees in the case, Martinez v. Combs. More recently, in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, the California Supreme Court embraced a standard presuming that all workers are employees instead of contractors, and placed the burden on any entity classifying an individual as an independent contractor to establish that such classification is proper under the newly adopted “ABC test”. More recently, the California legislature passed Assembly Bill 5 (“AB 5”), which sets a new standard for hiring independent contractors, requiring many to be reclassified as employees covered by minimum wage, overtime, workers’ compensation, unemployment and disability insurance.

In these AB5 misclassification / contractor classification cases and lawsuits, there are a number of other factors which only an experienced labor and employment attorney can detect and articulate in a request to the employer.

If you have a case and possible lawsuit similar to these, contact Ken Ralidis at 213.251.5480 today to see how he can help you get the compensation you deserve. We have often obtained results for our clients that are 10-25 times what the initial offer was. Don’t just settle for any attorney that may not have the experience, or a big law firm that doesn’t have the time or resources for a case like yours. Reach out to Ken Ralidis for his experience and the personal attention he offers. We can help you win your case!