Employers in San Diego can find many ways to save their companies’ money – but it should never be through unlawful or unfair hiring practices, such as misclassifying employees as independent contractors to avoid paying benefits.
If you have been intentionally or unintentionally incorrectly labeled as an independent contractor, you may be eligible for compensation for wages and rights you should have received. Contact a San Diego employee misclassification attorney at Fairchild Employment Law for a free discussion about your situation.
Why Choose Us for an Employee Misclassification Case in San Diego
- Jillian Fairchild spent 15 years defending employers before founding Fairchild Employment Law. She has firsthand knowledge of how employers fight claims.
- We are committed to helping employees who have been wrongly misclassified and treated unjustly in San Diego. We will guide you through every step of your claim.
- Our employment law attorneys have collected millions of dollars in settlements and judgment awards for our clients. We will deliver real results when you need them most.
- You won’t be charged anything in attorney’s fees for our advocacy during your employee misclassification claim unless we win your case and achieve a resolution.
What Is Employee Misclassification?
Employers in California are required to properly classify or identify their workers as either employees or independent contractors based on the guidelines given by federal and state laws. The failure to correctly classify workers is a tort or wrongdoing that can make the affected individual eligible for financial compensation for related losses.
The federal Fair Labor Standards Act (FLSA) and California’s Assembly Bill 5 provide certain “tests” employers should use to correctly classify workers, such as whether or not the individual is free from the control of the employer and performs work that is outside the scope of the employer’s normal business.
Employee misclassification occurs when an employer mistakenly classifies an employee as an independent contractor, either accidentally or knowingly, to save money. This can have significant repercussions for the worker, as independent contractors are not afforded the same rights and work benefits as employees.
How California’s ABC Test Defines Your Status
If your employer classified you as an independent contractor, California’s ABC test is likely the standard that determines whether that classification is correct. Codified into law through AB 5 (Labor Code § 2775 through § 2787), the ABC test starts with a presumption that you are an employee.
From there, the burden falls on the employer to prove all three of the following:
- You are free from the company’s control and direction when performing your work, both under your contract and in practice
- The work you do is outside the usual course of the company’s business
- You are customarily engaged in an independently established trade, occupation, or business of the same nature as the work you perform
If the employer can’t satisfy all three prongs, you should be classified as an employee. That means you may be owed overtime pay, meal and rest breaks, expense reimbursement, and other protections that California law provides to employees. Many workers in industries like transportation and gig work have been misclassified under this test without realizing it.
Are You Misclassified as an Exempt Salaried Employee?
Misclassification doesn’t only happen with independent contractors. Some employers improperly classify workers as exempt salaried employees to avoid paying overtime, despite the fact that the worker’s actual duties don’t qualify for an exemption.
In California, an employee must meet two requirements to be properly classified as exempt. First, they must earn at least twice the state minimum wage on a full-time basis. For 2026, that threshold is $70,304 per year. Second, the employee’s actual job duties must fall within a recognized exempt category, such as executive and administrative roles. Simply giving someone a managerial title or paying them a salary is not enough.
If you earn less than the threshold or your daily responsibilities don’t genuinely involve exempt-level work, you may be entitled to various forms of compensation your employer has been withholding (more on this below). Our lawyers will be able to fill you in on the details and how they apply to the facts of your case during your free consultation.
Legal Remedies Available for Employee Misclassification in San Diego
If you are a misclassified worker in San Diego, filing a complaint and bringing a claim or lawsuit against your employer with help from the team at Fairchild Employment Law could result in financial compensation for losses such as:
- Back pay you would have been entitled to had you been properly classified
- Interest penalties on the amount of wages owed
- Attorney’s fees and court costs
- Emotional distress damages
- Punitive damages, in some cases
You should not bear the financial burden of your employer’s mistake or wrongdoing. Reach out to our attorneys to explore your available legal remedies.
How an Employment Lawyer in San Diego Can Help
Employee misclassification is a legal violation that should not go unchecked. Unfortunately, handling your case alone may not lead to the results you need or are legally entitled to. Employers have many resources they can use to fight claims or illegally retaliate; going up against your boss can feel overwhelming.
By hiring an employment law attorney in San Diego, you give the legal burden to an unbiased professional who is committed to advocating for your rights and interests. You can count on your attorney to seek maximum compensation for the wrongdoing committed against you by your employer. Meanwhile, you can focus on yourself and build a brighter future.
How Long Do I Have To File an Employee Misclassification Claim?
The filing deadline for a misclassification claim in California depends on the type of claim you’re bringing. For unpaid wages, including overtime and missed break premiums, the statute of limitations is generally three years. If you bring your claim under California’s Unfair Competition Law, the window extends to four years.
These deadlines apply on a rolling basis, meaning you can recover unpaid wages going back three or four years from the date you file, even if the misclassification started much earlier. Acting sooner rather than later helps maximize the amount you can recover with this framework in mind.
If you believe you’ve been misclassified, seeking legal advice from an experienced San Diego employment attorney can help you understand which deadlines apply to your situation and what your next steps should be. Contact our legal team today for more information about your specific case.
Contact Us for a Free Case Review in San Diego
Employee misclassification is a serious wrongdoing that can have major consequences for you as a worker in San Diego. If you believe you have been misclassified as an independent contractor, don’t hesitate to contact us for a free consultation with an experienced San Diego employee misclassification attorney at Fairchild Employment Law. We are dedicated to the preservation of workers’ rights in California. Call (619) 306-1454 today to find out how we can help.