Independent Contractor Classifications

The Law Office of Cyrus Mor provides representation to employers who improperly classify their employees as independent contractors. The classification of a worker determines various factors such as whether an employer must pay payroll taxes, comply with California wage and hour laws, or provide the individual with workers’ compensation insurance coverage.


If your company has already improperly classified a worker or is unsure as to how to classify a particular worker, contact our office today at (949) 783-4148 for a free consultation.


There are several state agencies which are involved with determination of independent contractor classification, but each agency has its own specific concerns with regards to the classification of the worker. For example, the Division of Labor Standards Enforcement (DLSE) is concerned with whether the employer has complied with California wage and hour laws or workers’ compensation insurance.


Determining Whether an Employee is an Independent Contractor

There is no set definition or bright line rule for determining whether a worker is an employee or independent contractor. Each agency will look to the totality of the circumstances and the overall facts surrounding the employment relationship to determine how the worker should be classified.


Generally, the most pivotal factor in determining whether an individual is an independent contractor rests on the right to control. Simply put, the party who primarily has the overall right to control the relationship and the right to set the various parameters related to the service provided will determine whether or not the worker is an employee. If the worker has the overall right to control, then he or she may be classified as an independent contractor. On the other hand, if the employer has the overall right to control the relationship, then the worker will likely be classified as an employee.


Below are some examples of other factors which various state agencies will consider when examining whether an independent contractor misclassification has occurred:

  • Whether the employer supervises the worker and provides instructions;
  • Whether the worker has a separately established business;
  • Which party furnishes the tools, equipment, and supplies needed for the work;
  • Whether training was provided to the worker;
  • Has the worker previously worked for the employer as an employee;
  • Which party determined the terms and rate of pay for the work performed;
  • Does the worker believe that he or she is an employee.

There are numerous liabilities and penalties which can be charged to an employer who has improperly classified an independent contractor as an employee. Thus, it is crucial to seek the immediate advice of an experienced employment lawyer at the Law Office of Cyrus Mor as soon as questions regarding a worker’s classification arise.


Our attorney will work with your company in ascertaining the facts surrounding your relationship with the worker. We will then formulate a structured approach to presenting the true and correct facts of your relationship with the worker in a clear and concise manner.


Contact our employment attorney today for your free case evaluation to receive the assistance that your company needs.



(949) 783-4148