Introduction
Misclassification
YAMIN LAW GROUP
Misclassification
Understanding the ABC Test:
Enforcement and Penalties:
California has established mechanisms to enforce proper worker classification. State agencies, such as the California Labor Commissioner’s Office and the Employment Development Department (EDD), have the authority to investigate complaints and conduct audits. Employers found to have misclassified workers may face penalties, fines, payment of back wages, and liability for unpaid taxes and benefits.
The Dynamex Decision and AB 5:
The landmark Dynamex Operations West, Inc. v. Superior Court decision in 2018 solidified the ABC test as the standard for worker classification. To provide additional clarity, the California Legislature passed Assembly Bill 5 (AB 5) in 2019. AB 5 offers specific guidelines and exemptions for certain occupations, professions, and industries. Staying updated on the latest developments and compliance requirements is crucial for employers.
Employee Protections:
Misclassification deprives workers of important rights and benefits they would be entitled to as employees. These may include minimum wage, overtime pay, meal and rest breaks, reimbursement of business expenses, workers’ compensation coverage, unemployment insurance, and protection under anti-discrimination and anti-harassment laws. Employers must ensure compliance to avoid potential legal liabilities.