Recognizing Employee Misclassification
Employee misclassification, where workers are wrongly categorized as “exempt,” “non-exempt,” or “independent contractors,” deprives them of rightful benefits such as overtime pay, breaks, and health insurance. “1099 Attorney” does not fully explain what an employee misclassification attorney does, since this area of employee classification is complex. If you’re affected by misclassification, contact us for a free consultation at 619-333-5100. We operate on a contingency fee basis, ensuring you only pay when we recover your dues.
Both state and federal laws grant protections to employees. California, in particular, extends strong protections, even to undocumented workers. As an employee, you’re entitled to:
– Minimum wage
– Overtime and double-time pay
– Sick pay, rest breaks, and paid vacations
– Unemployment benefits if dismissed
– Workplace safety and anti-discrimination protections
– Workers’ compensation for work-related injuries
– Employer contributions to Social Security and Medicare taxes
Misclassified employees, whether exempt or independent contractors, miss out on these benefits.
Misclassification isn’t limited to distinguishing between employees and contractors. It also involves incorrectly categorizing employees as “exempt” when they should be “non-exempt,” affecting their right to overtime, breaks, and minimum wage. There are also tax implications to how you’re classified. California sets specific criteria for exempt status, including job duties and salary benchmarks. A 1099 Attorney in your area can help you navigate these issues.
Injuries stemming from defective vehicles can be particularly severe, often leading to long-term or permanent damage. From broken bones to traumatic brain injuries, spinal cord damage, and even death, the impact of motor vehicle defects is profound. Victims are often left to deal with overwhelming medical bills, lost wages, and ongoing pain and suffering. Our law offices specialize in handling these devastating cases, providing the comprehensive legal support necessary to fight for justice. Whether your injuries result from a defective airbag or a faulty seat belt, Goldfaden Benson Law is here to support you every step of the way.
A 1099 attorney is an independent contractor who provides legal services without being classified as a traditional employee. They receive a Form 1099 for tax purposes instead of a W-2.
A W-2 employee is hired by a firm or company and receives a salary, benefits, and tax withholdings. A 1099 attorney, on the other hand, works independently, handles their own taxes, and does not receive traditional employee benefits.
Employee misclassification occurs when a worker is improperly labeled as an independent contractor (1099) instead of an employee (W-2). This can lead to legal and tax issues for both the worker and the employer.
Classification depends on factors like control over work, schedule flexibility, provision of tools, and integration into the firm’s operations. The IRS uses a three-factor test (Behavioral, Financial, and Relationship) to assess classification.
Misclassification can result in penalties, back taxes, unpaid benefits, and potential lawsuits. Employers may face legal consequences if they incorrectly categorize an attorney as an independent contractor.
At Goldfaden Benson, we don’t just handle cases—we win them. We bring 21 years of experience, aggressive negotiation tactics, and a deep commitment to securing the maximum compensation possible for our clients. Insurance companies know our name, and they know we won’t back down until you get what you rightfully deserve.
This isn’t just about compensation—it’s about your future. Your recovery, your livelihood, and your ability to move forward depend on the outcome of your case. Don’t take chances with inexperienced lawyers or try to handle this battle alone. Let us stand up for you, fight for your rights, and get you the results you deserve.
Your case matters. Your future matters. Let’s win this together.
CONTACT US
San Diego Office
Let’s Connect
Ⓒ 2025 – All Rights Are Reserved | Privacy Policy
