In recent years, Audet & Partners, LLP has amassed particular expertise representing workers with new “Gig Economy” companies. If you are a Gig Economy worker, the basic legal issue involves whether your employer has properly (and legally) classified you as an independent contractor. This classification has significant implications for your earnings. Independent contractors are denied many of the legal protections and benefits provided to “employees” under the law.
As experienced Gig Economy lawyers, we can provide a free, confidential consultation and advise whether you may have been improperly classified as an “independent contractor.” If so, we may be able to assist you, for example, in recovering financial reimbursement for many of the work-related expenses you have been forced to pay out-of-pocket.
If you are or have been deemed an “independent contractor” with a “Gig Economy” company and are interested in learning about your potential legal rights to specific benefits as an employee, you are urged to complete and submit our online questionnaire below as soon as possible.
UPDATE: California Supreme Court Rules in Favor of Independent Contractors
In an Opinion issued April 30, 2018, the Supreme Court held that California courts may apply a test developed by the Industrial Welfare Commission when determining whether a worker has been properly classified as an employee or an independent contractor. This “ABC” test is considered very favorable to potentially hundreds of thousands of gig economy workers who have been classified as “independent contractors.” You can click here to view the complete opinion issued by the California Supreme Court.
Under the “ABC” standard, a worker may only be properly considered an independent contractor if the “hiring entity” (i.e., employer) establishes the following:
The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
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 the work performed for the hiring entity.
Our highly experienced gig economy lawyers can quickly assess your particular situation to determine whether you have been improperly classified as an independent contractor. If so, you may be entitled to recover significant reimbursement as well as benefits provided to employees. For a free, confidential case evaluation, please complete and submit the form below.