Waking Up to Discover Your Independent Contractor Was Actually Your Employee

  • When: Mar 15, 2023 09:30 am PDT - 11:30 am PDT
  • Where: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

On March 15, 2023, Lizbeth “Beth” West from Weintraub Tobin’s Labor and Employment Group hosted a seminar discussing the serious risks involved in misclassifying a worker as an independent contractor rather than an employee.

Not only can misclassified workers sue for employment benefits, but several federal and state agencies regulate worker classification for various purposes, and have the authority to impose significant sanctions against employers who misclassify workers. Since AB 5 was enacted, the “ABC” test has made classifying workers as independent contractors an uphill battle for most companies.

In this seminar, they explained the applicable classification tests, and discuss the various exemptions under the ABC test.  

Program Highlights:

This seminar covered the legal landscape of independent contractor status. Topics include:

  • The “Starting Place” – the ABC Test adopted by AB 5 (Labor Code 2775, et. seq.);
  • The exemptions from the ABC Test as outlined in the Labor Code;
  • The still-important Borello multi-factor test; 
  • The DOL’s Rule on classification of independent contractors;
  • The limited application of Prop 22;
  • Enforcement authority of various federal and state agencies and the sanctions they may impose;
  • Due diligence employers should engage in before classifying a worker as an independent contractor; and
  • Monetary and non-monetary sanctions against employers (and other individuals) who willfully misclassify workers as independent contractors.

You can watch a recording of this event on the Weintraub YouTube channel here: