Am I an Independent Contractor or an Employee? Understanding Your Rights as a California Caregiver
The distinction between being classified as an independent contractor or an employee is critical for California caregivers and domestic workers. Your classification directly impacts your eligibility for overtime pay, benefits, job protections, and tax obligations. Unfortunately, many caregivers are misclassified, leading to lost wages and denied legal rights.
How to Determine Your Employment Status
In California, your employer doesn’t get to decide your classification arbitrarily. The law focuses on the level of control your employer has over your work. Ask yourself the following:
Does your employer control your schedule or dictate how you perform your job?
Are you provided with tools or equipment to complete your work?
Do you perform work that is integral to the employer’s business?
If you answered “yes” to these questions, you may be an employee—not an independent contractor.
Why Misclassification Matters
Misclassification can lead to:
Unpaid Overtime: Employees are entitled to overtime pay, while contractors are not.
Denied Benefits: Employees may receive sick leave, healthcare, and other benefits that contractors do not.
Lack of Job Protections: Employees have legal protections against unfair treatment and retaliation.
Your Rights as a California Caregiver
Under the California Domestic Worker Bill of Rights, employees are entitled to:
Overtime pay after 9 hours in a day or 45 hours in a week for in-home care.
Overtime pay after 8 hours in a day or 40 hours in a week for facility care.
Double time for working over 12 hours in a single day for facility caregivers.
What to Do If You’re Misclassified
If you suspect misclassification, it’s time to take action. At CaregiverOvertime.com, we specialize in helping caregivers recover unpaid wages and enforce their rights.
Contact Us Today for a Free Consultation
💼 Phone: (805) 807-4110 – Call or Text
🌐 Website: CaregiverOvertime.com
📍 Address: 32107 Lindero Canyon Rd, Suite 121, Westlake Village, CA 91361-4222
Our experienced legal team has recovered millions for caregivers who were misclassified or underpaid. Immigration status does not affect your wage rights—everyone is entitled to fair pay under California law.
Get the Compensation You Deserve
Don’t let misclassification cost you the wages and protections you deserve. Contact us now for a free, confidential consultation to explore your options and reclaim your rights.