Worker Misclassification & Rights Violations in California: What You Need to Know
- Haulk & Herrera LLP
- Jun 4
- 2 min read
In California, many workers are denied basic legal protections because they’ve been misclassified — often as “independent contractors” instead of employees. This misclassification can have serious consequences, including loss of overtime pay, benefits, job security, and the right to file for unemployment or workers' compensation.
Common Signs of Misclassification
You're labeled an "independent contractor" but required to follow a strict work schedule.
You use the company’s tools or work primarily for one employer.
You’re paid in cash or with a 1099, even though your work resembles that of a regular employee.
You’re not receiving overtime, meal/rest breaks, or paid sick leave.
California law has strong protections in place — especially under the AB5 law, which uses the ABC test to determine employment status. If your employer controls how you work, you may legally be considered an employee, even if they claim otherwise.
Many Workers Don’t Know Their Rights
Misclassified workers are often left in the dark. Some don’t realize they’re entitled to:
Minimum wage and overtime
Meal and rest breaks
Workers’ compensation coverage
Unemployment insurance
Protection from retaliation
And importantly: Your immigration status does not affect your right to be treated fairly under California labor laws.
How We Help at Haulk & Herrera LLP
At Haulk & Herrera LLP, we represent workers across California who have been misclassified, underpaid, or denied the protections they deserve. We specialize in advocating for those in vulnerable positions — including undocumented workers — and we’re here to help you understand your rights and explore your legal options.
We can help you:
Evaluate whether you’ve been misclassified
Recover unpaid wages or denied benefits
File a claim or negotiate with your employer
Protect yourself from retaliation
Contact Us for a Free Consultation
If you believe you’ve been misclassified or treated unfairly at work, don’t wait. Reach out for a free and confidential consultation with our team. You deserve to understand your rights — and we’re here to help.
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