Sommers Schwartz is a powerhouse litigation firm that has recovered more than one billion dollars for our clients. When your future is on the line, our team will fight for you.

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I couldn’t have asked for better representation and counsel...

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We can tackle some of the most complex matters in the litigation world.

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Year after year, our team delivers unmatched results for our clients.

Am I an Employee or an “Independent Contractor” under California law?

When a business needs additional help it has two options, it can hire an employee or it can hire another business. Additionally, some businesses only comprise a single person who provides specialized services. These one-man businesses may be referred to as “Independent Contractors.” When a business hires an employee, he or she is subject to California’s labor laws. Independent contractors are not. This creates an incentive for dishonest businesses to mislabel their employees as independent contractors. For more information about California Labor laws, click here.

Under California law, determining whether an individual is an employee or an independent contractor is different the corresponding federal standard. In its 2018 decision, Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted the “ABC test,” for differentiating an employee from a contractor. Under the ABC Test, a worker is presumed to be an employee unless the employer can show that all three of the following conditions are satisfied:

  • the worker is free from the control and direction of the hiring entity in connection with the performance of the work;
  • the worker performs work that is outside the usual course of the hiring entity’s business; and
  • the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

It is the second condition that may be the most important: a business cannot take portions of its work force, working on critical aspects of the business, and reclassify them as contractors. For example, a tutoring company cannot make its tutor’s independent contractors. But, that same tutoring company make be able to outsource its payroll to an outside contractor.

Note: that individuals are presumed to be an employee unless the ABC test is meet. This means it is for the employer to show that person is an independent contractor, not the employee.

Important Note: Certain app-based drivers are considered independent contractors despite the ABC test, for more information regarding app-based drivers click here.

A Trusted Authority

Our attorneys have been featured on local and national media outlets, including:

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An Opposing Attorney Who Became a Client

I would like to give some recognition to Andy Dragovic. I first became acquainted with Mr. Dragovic in a professional manner when we represented opposing clients in a lawsuit. I recall being very impressed with how hard Mr. Dragovic fought for his client, and I happily recommended him as an…

Kind Words From a Client

Thank you for being so on top of things!

I couldn’t have been more impressed!

Jason Thompson represented me in a gross negligence case, and I couldn’t have been more impressed with his professionalism and energy throughout the entire process.

Your advice is very valuable to me.

Just wanted to formally thank you for taking the time to discuss the area of class action. I wish you the best with everything. It has been a pleasure getting to know you and everyone at Sommers Schwartz.

You went above and beyond expectations.

Our business is very complex with the different manufacturers we deal with and the rebate programs associated with them, and we feel the time, effort and your timeliness in understanding the different aspects of our case helped us with a reasonable resolution.

You did a great job.

Thank for all you did in my case, Kevin. You did a great job.

I appreciate the team effort provided.

I would like you gentlemen to know that for those of us that have been violated and need legal assistance, we must often wait for justice in quiet desperation. As such, the words I used above “confidence and comfort” came only from you and your team.

I felt from the beginning that my best interests at were always at heart.

I felt that within a short period of time, they fully understood my case, and advised me as to the best possible courses to take with the best possible outcomes.

Our Clients Say It Best

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70 5-star reviews on Google