Legal Rights of Independent Contractors
San Diego Independent Contractor Rights Attorney
CA Employment Drafting Lawyer
For more than 20 years, Virginia H. Gaburo & Associates has represented employers, employees and independent contractors in employment law matters. We have extensive experience advising companies and independent contractors on independent contractor rights and protecting their interests when litigation arises.
To speak with San Diego independent contractor rights lawyer Virginia Gaburo, call 858-546-0183 or fill out our online intake form.
What Are the Differences in Legal Rights Between an Independent Contractor and an Employee?
Unlike an employee, an independent contractor does not have rights under general employment laws. While they have rights under our Constitution and human rights laws (such as the right to be free from harassment and discrimination in the workplace), they are not protected by:
Whatever rights and benefits independent contractors have must be negotiated and included in their contracts with their employers.
- Wage and hour laws
- Overtime pay/minimum wage
- Workers' compensation coverage
- Employee benefits programs
- Regular paydays and holidays
- Other employment laws
Negotiating a Thorough Independent Contractor Agreement
An insufficient contract can lead to time-consuming and costly litigation. Only a correct and specific contract can protect your rights or protect your company from liability. For example, if the independent contractor is commissioned, the commission schedule must be crystal clear in the contract. San Diego, California, attorney Virginia Gaburo helps companies draft independent contractor agreements and reviews and negotiates agreements for independent contractors throughout Southern California.
Employee/Independent Contractor Misclassification
Independent contractors are a large benefit for businesses. They can be cheaper and entail less risk than employees. However, if an independent contractor is classified incorrectly, the company may face expensive consequences down the line.
A misclassified independent contractor can file a lawsuit for all of the benefits to which he or she would have been entitled as an employee, such as rest breaks for every four hours worked, lunch breaks, overtime pay, and Workers' Compensation Insurance benefits.
The criteria for classification are numerous and complex. If your business would like advice about classifying an employee/independent contractor; or if you are an independent contractor who believes that you have been misclassified, contact us. Our background in employment law, coupled with our experience and common sense, make us a strong choice for businesses and employees facing employment litigation.