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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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.

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From a Happy Client

I can’t thank this team enough. From start to finish, they were compassionate, knowledgeable, and truly dedicated to getting the best possible outcome for me. It made such a difference knowing I had a team that genuinely cared.

Praise for Lenore Zakhem

Lenore Zakhem worked on my liability case efficiently and effectively! I would recommend and Sommers Schwartz for any legal matters in the future!!

A Referring Attorney Praises Matt Turner

I have years of experience with the attorneys and staff at Sommers Schwartz. Over that time, I have referred a number of people to attorneys there. These referrals include friends and family, who I would trust to only Sommers Schwartz. Whenever I refer someone to attorney Matt Turner and his…

Kind Words for Matthew Turner

If you’re seeking a medical malpractice attorney, Matthew Turner is an exceptional choice and empowers trust through his remarkable expertise. From our initial consultation with Matt, my husband and I felt inspired by his confidence. Although the process was lengthy, Matt and his team, particularly his assistant Janice, consistently provided…

About Alana Karbal

Alana was very professional in helping me. I would highly recommend her!

Praise for Our Professional Staff

I had an incredible experience working with Sommers Schwartz for my medical malpractice case. Alexis Fernandez was absolutely amazing—professional, knowledgeable, and truly dedicated to helping me every step of the way. She took the time to explain everything in detail, and answered all my questions! Her compassion and expertise made…

About Attorney Muskan Ali

I had a great experience working with Attorney Muskan Ali. She is extremely knowledgeable in her field and I felt supported the whole way through my legal issue. I highly recommend working with her!

We Deliver Life-Changing Results

My experience with Sommers Schwartz has been nothing short of extraordinary. This exceptional team of legal professionals not only handled my case with remarkable expertise but also transformed my life in ways I never thought possible. From our very first consultation, it was clear that this firm operates at an…

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