{"id":6102,"date":"2026-06-22T18:02:53","date_gmt":"2026-06-22T18:02:53","guid":{"rendered":"https:\/\/liberationlawgroup.com\/clasificacion-incorrecta-empleado-exento-contratista-california\/"},"modified":"2026-06-22T18:18:23","modified_gmt":"2026-06-22T18:18:23","slug":"exempt-employee-independent-contractor-misclassification-california","status":"publish","type":"post","link":"https:\/\/liberationlawgroup.com\/en\/exempt-employee-independent-contractor-misclassification-california\/","title":{"rendered":"Exempt Employee or Contractor? How to Know If You Were Misclassified in California"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"6102\" class=\"elementor elementor-6102 elementor-6097\" data-elementor-post-type=\"post\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-6728bd7 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"6728bd7\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-6d11e66\" data-id=\"6d11e66\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-968117c elementor-widget elementor-widget-html\" data-id=\"968117c\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"html.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<!-- ============================================================ LIBERATION LAW GROUP \u2014 BLOG (ENGLISH \/ \/en\/) Supporting article: Misclassification \u2014 exempt employee and independent contractor (complete 2026 guide). 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The first one shows up every morning to a job site near Mission Bay \u2014 his boss tells him when to arrive, what to do, and which tools to use \u2014 but he's paid with a 1099 form and called an \"independent contractor.\" The second works at a restaurant near the Civic Center, was given the title of \"assistant manager\" and a fixed salary, and was told that's why he doesn't get overtime\u2026 even though he works 55 hours a week. Both have one thing in common: they were <strong>misclassified<\/strong>, and both are losing money that California law says belongs to them. <\/p> <p> Misclassification is one of the most common \u2014 and quietest \u2014 traps in the working world, and it hits the Hispanic community hard. The good news is that California has some of the strongest protections in the country, and you can recover everything you were denied, going back years. In this guide we explain, in plain language, the two ways you can be misclassified, how to spot it, how much you can recover, and the exact steps to file a claim. If you think it's happening to you, attorney Arlo Uriarte at <a href=\"https:\/\/liberationlawgroup.com\/en\/\">Liberation Law Group<\/a> reviews your situation for free, in Spanish or English. <\/p> <div class=\"hlme-cta-box\"> <p class=\"hlme-cta-heading\">Think you were misclassified?<\/p> <p>Attorney Arlo Uriarte reviews your case for free, with no obligation.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Free Consultation<\/a> <a class=\"phone\" href=\"tel:+18884422642\">1-888-442-2642<\/a> <\/div> <h2>The Two Ways You Get Misclassified<\/h2> <p> When we talk about misclassification, we're really talking about two distinct problems that end the same way: you working more and getting paid less. The first is being called an <strong>independent contractor<\/strong> when you're legally an employee. The second is being classified as an <strong>exempt employee<\/strong> to avoid paying overtime, when you don't actually qualify for that exemption. <\/p> <p> The difference matters because the law uses different tests for each. But in both cases, one principle rules over everything else: what counts is <strong>the reality of your work<\/strong>, not the paper you signed or the title you were given. No contract can take away rights that California law guarantees you. Let's look at each one in depth, starting with the one almost nobody understands well: exempt status. <\/p> <h2>Exempt vs. Non-Exempt: The Misunderstanding That Costs You Thousands<\/h2> <p> \"Since I pay you a salary, you don't get overtime.\" It's one of the most repeated \u2014 and most false \u2014 lines we hear. A fixed salary does not make you exempt. For an employee to be legally exempt from overtime in California, they must meet <strong>two tests at the same time<\/strong>: the salary test and the duties test. Fail either one, and you're owed overtime even if you're paid a salary. The vast majority of workers in California do <em>not<\/em> qualify as exempt. <\/p> <h3>The Exemption Categories (Not Just Anyone Qualifies)<\/h3> <p> The law only recognizes certain categories of exempt employees, and each has specific requirements. The <strong>executive exemption<\/strong> is for real managers: they regularly direct two or more employees, have the power to hire and fire (or their opinion genuinely carries weight in those decisions), and their main job is managing. The <strong>administrative exemption<\/strong> covers office work tied to running the business, where the employee exercises independent judgment on important matters \u2014 not just following a script. The <strong>professional exemption<\/strong> applies to fields requiring an advanced degree or specialized knowledge, like law, medicine, accounting, architecture, or engineering. <\/p> <p> There are also special categories with their own rules and higher thresholds, such as computer professionals, outside salespeople (who work away from the office most of the time), and commissioned salespeople. The key is the same for all of them: if your day-to-day work doesn't genuinely fit one of these categories, you can't be exempt \u2014 no matter the title on your paycheck or what your contract says. <\/p> <h3>The Salary Test: $70,304 a Year in 2026<\/h3> <p> First, the money. In 2026 you must earn at least twice the state minimum wage for full-time work to be exempt. With California's minimum wage at $16.90 an hour, that's <strong>$70,304 a year<\/strong> (about $1,352 a week). Earn less than that, and the conversation ends right there: you're non-exempt and you're owed overtime. <\/p> <div class=\"facts\"> <div class=\"fact\"><strong>$16.90<\/strong><span>California minimum wage 2026<\/span><\/div> <div class=\"fact\"><strong>$70,304<\/strong><span>Minimum salary to be exempt<\/span><\/div> <div class=\"fact\"><strong>$122,573<\/strong><span>Threshold for computer professionals<\/span><\/div> <\/div> <p> Some categories have their own floor. Software professionals must earn at least $122,573.13 a year to be exempt, and certain physicians at least $107.17 an hour. Many Bay Area cities, including San Francisco, also have a local minimum wage higher than the state's \u2014 another reason to run the numbers carefully. Learn more about your <a href=\"https:\/\/liberationlawgroup.com\/en\/wage-and-hour-attorney-in-san-francisco-california\/\">wage and hour rights in California<\/a>. <\/p> <h3>The Duties Test: More Than 50% of Your Time<\/h3> <p> Here California is stricter than federal law, and this is where most cases fall. Meeting the salary isn't enough: to be exempt, you must spend <strong>more than half your time<\/strong> on genuinely exempt duties \u2014 directing, deciding, using independent judgment \u2014 not manual or routine work. If your day is spent producing the same things as your coworkers, you're not exempt, even if you sometimes set the schedule or \"supervise.\" <\/p> <div class=\"example\"> <span class=\"tag\">Real situation (no names)<\/span> <p>A \"shift manager\" at a Mission District restaurant spent 80% of the day cooking and waiting tables like the rest of the team. She only occasionally made the schedule. Because her main job wasn't managing, she wasn't truly exempt \u2014 and she had the right to claim years of unpaid overtime.<\/p> <\/div> <h3>Myths That Cost You Money<\/h3> <p> \"I signed a paper saying I'm exempt.\" Doesn't matter: you can't sign away the overtime the law guarantees you. \"They pay me a salary, so I don't get overtime.\" False \u2014 a salary only matters if you <em>also<\/em> pass the duties test. \"I have a manager title.\" A title without real power (no hiring, firing, or genuinely directing others) doesn't make you exempt. If you recognize any of these myths in your situation, you're probably owed money. Learn about your right to <a href=\"https:\/\/liberationlawgroup.com\/en\/wage-and-hour-attorney-in-san-francisco-california\/\">unpaid overtime<\/a>. <\/p> <div class=\"hlme-cta-box soft\"> <p class=\"hlme-cta-heading\">Paid a salary but working more than 40 hours?<\/p> <p>A free evaluation can reveal thousands of dollars in overtime you're owed. Call today.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Review My Case Free<\/a> <\/div> <h2>Contractor vs. Employee: The ABC Test in Depth<\/h2> <p> The second form of misclassification is the classic \"independent contractor\" with a 1099. Since 2020, California decides who is an employee and who is a contractor using the <strong>ABC Test<\/strong> (from the AB 5 law). The key point: the law <strong>assumes you're an employee<\/strong>. It's your employer who has to prove otherwise, by satisfying <em>all three<\/em> parts. Fail just one, and you're an employee with all your rights. <\/p> <h3>The Three Parts, with Examples<\/h3> <ul> <li><strong>A \u2014 Free from control:<\/strong> you must be free from the company's control over how, when, and where you work. If your boss sets your schedule and directs you, you fail. <em>Example:<\/em> an installer who gets daily orders and uses the company truck isn't a contractor.<\/li> <li><strong>B \u2014 Outside the usual business:<\/strong> your work must fall outside the company's normal line of business. This is the part that fails most often. <em>Example:<\/em> a construction company that hires laborers as \"contractors\" fails, because building <em>is<\/em> its business. But if that same company hires a plumber to fix its office pipes, that passes Part B.<\/li> <li><strong>C \u2014 Established independent business:<\/strong> you must genuinely run your own business, with multiple clients and your own tools. A \"business license\" on paper isn't enough if you only work for one boss.<\/li> <\/ul> <h3>The Exceptions: Borello, B2B, and Proposition 22<\/h3> <p> Not every occupation is measured by the ABC Test. AB 5 (and its expansion, AB 2257) created exceptions for certain professions \u2014 like doctors, lawyers, accountants, insurance agents, some artists, and certain marketing professionals \u2014 that are evaluated under the more flexible <strong>Borello<\/strong> test. There's also a \"business-to-business\" (B2B) exception with strict conditions. And drivers for apps like Uber, Lyft, or DoorDash were partially carved out by <strong>Proposition 22<\/strong>, with their own rules and litigation still ongoing. If you were told you're \"exempt from AB 5,\" it's worth confirming \u2014 the exception often doesn't actually apply. <\/p> <p> And remember: the 1099 decides nothing. You can be paid in cash, by personal check, or with a 1099 and still be an employee. Read more about <a href=\"https:\/\/liberationlawgroup.com\/en\/misclassification-lawsuits-in-san-francisco\/\">misclassification lawsuits in California<\/a>. <\/p> <h2>Warning Signs: How Do I Know If I Was Misclassified?<\/h2> <p> You don't need to be a lawyer to spot the red flags. Mentally check how many of these you recognize: <\/p> <ul> <li>You're paid with a 1099, but your boss controls your schedule and tasks.<\/li> <li>You get a fixed salary and a manager title, but you do the same work as everyone else.<\/li> <li>You work more than 8 hours a day or 40 a week and never see overtime.<\/li> <li>You don't get paid meal breaks or rest breaks.<\/li> <li>You pay out of pocket for tools, gas, or a phone for work.<\/li> <li>You're told you \"signed\" that you can't file a claim, or that \"this is just how this industry pays.\"<\/li> <\/ul> <p> If you recognize one or more, there's good reason to look into your case. The only way to know for sure is with a free evaluation. <\/p> <div class=\"hlme-cta-box\"> <p class=\"hlme-cta-heading\">One call can change your situation<\/p> <p>Attorney Arlo Uriarte quickly tells you whether you have a case and what it might be worth. Free.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Free Evaluation<\/a> <a class=\"phone\" href=\"tel:+18884422642\">1-888-442-2642<\/a> <\/div> <h2>What Money Can You Recover?<\/h2> <p> When you're misclassified, you lose a whole package of protections \u2014 and when you file a claim you can recover it retroactively: overtime (1.5x after 8 hours in a day or 40 in a week; 2x after 12 hours in a single day), the minimum-wage difference, one hour of pay for each break you were denied, reimbursement for expenses you paid out of pocket, and penalties for inaccurate pay stubs and wages withheld when your job ended. If you were a \"contractor,\" you can also claim benefits you never had, like workers' compensation. <\/p> <p> Two pieces surprise people the most. First, the penalties: California adds separate penalties when your pay stubs were inaccurate and when your final wages were paid late \u2014 and the late-pay penalty can keep growing for up to 30 days after your job ends, regardless of how small the original shortfall was. Second, the interest: the money you were owed has been earning interest the entire time it sat in your employer's pocket instead of yours. Put together, these extras can add a meaningful amount on top of the wages themselves \u2014 which is exactly why employers would rather you never find out, and why an honest, complete calculation almost always lands higher than workers expect when they first call. <\/p> <div class=\"example\"> <span class=\"tag\">How it adds up<\/span> <p>What \"looks like a little\" each week becomes large over time. In similar misclassification cases lasting one to three years, we've seen recoveries ranging from several thousand dollars to six figures \u2014 including wages, overtime, penalties, and the employer-paid attorney's fees. Every case is different and we can't promise a result \u2014 but that's exactly why it's worth reviewing yours.<\/p> <\/div> <h2>How Is What You're Owed Calculated? A Step-by-Step Example<\/h2> <p> Many workers underestimate their case because they don't know how the money adds up. The calculation isn't magic \u2014 it follows a logic you can start to estimate yourself. The idea is to reconstruct, week by week, the difference between what you were paid and what the law says you should have been paid. <\/p> <p> Start with the hours. Write down how many hours you actually worked each week, including the prep, closing, and waiting time that often goes uncounted. Every hour after 8 in a day, or 40 in a week, is paid at 1.5 times your rate; every hour after 12 in a single day is paid at double. If you were wrongly classified as exempt, all those overtime hours from the past several years go into the calculation \u2014 and they're usually the biggest piece. <\/p> <p> Then add the rest: the difference if you were paid below the minimum wage (state or your city's local rate), one hour of pay for each meal or rest break you were denied, and reimbursement for expenses like tools, gas, or a phone you paid for yourself. On top of that go the penalties California imposes on the employer \u2014 for inaccurate pay stubs and for wages withheld at the end of employment \u2014 plus interest and, in many cases, the legal fees the company pays. That's why a situation that \"seemed like a few hundred dollars\" ends up worth far more once the full calculation is done. <\/p> <div class=\"example\"> <span class=\"tag\">Why it's worth having an attorney review it<\/span> <p>Employers almost never calculate in your favor, and many workers ask for less than they're owed because they forget the breaks, the penalties, or the interest. A free evaluation puts real numbers on the table before you make any decision \u2014 at no cost and no obligation.<\/p> <\/div> <div class=\"hlme-cta-box soft\"> <p class=\"hlme-cta-heading\">Put real numbers on your case<\/p> <p>Attorney Arlo Uriarte's team calculates for free what you could be owed. No obligation.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Calculate My Case Free<\/a> <\/div> <h2>The Exact Steps to File a Claim<\/h2> <p> Filing a claim doesn't necessarily mean going to trial tomorrow. There are several paths, and the right one depends on your case: <\/p> <ul> <li><strong>1. Free evaluation.<\/strong> An attorney reviews your situation, calculates what you're owed, and explains your options. You don't have to quit your job or confront your boss to get started.<\/li> <li><strong>2. Labor Commissioner claim or civil lawsuit.<\/strong> For some cases, a complaint with California's Labor Commissioner is enough. For larger amounts or complex cases, a civil lawsuit usually recovers more, including penalties.<\/li> <li><strong>3. PAGA action or class action.<\/strong> If your employer misclassified several workers the same way, you can join together. A <a href=\"https:\/\/liberationlawgroup.com\/en\/wage-and-hour-attorney-in-san-francisco-california\/\">class action or representative action<\/a> multiplies everyone's strength.<\/li> <li><strong>4. Negotiation or trial.<\/strong> Many cases settle with a fair agreement; others go to the San Francisco Superior Court at 400 McAllister Street. Either way, you make the decisions with your attorney's guidance.<\/li> <\/ul> <p> Cases against employers are long but achievable: many resolve in months, and the most complex can take more than a year. We work on contingency, so you pay nothing unless we win. <\/p> <h2>Documents You Need and How to Protect Your Evidence<\/h2> <p> Your case is stronger with evidence, and the good news is you already have a lot of it. Save and organize: <\/p> <ul> <li>Pay stubs, checks, and any record of what you were paid.<\/li> <li>Schedules, text messages, and emails from your employer.<\/li> <li>Your own daily record of hours \u2014 clock-in, clock-out, prep, closing, and waiting time.<\/li> <li>Photos or notes of the tasks you do (to show your work is part of the core business).<\/li> <\/ul> <p> No paperwork? Don't worry. If you're paid in cash, your testimony and your personal notebook are valid legal evidence. And through the legal process, we can compel your employer to produce payroll records and internal communications. <\/p> <h2>What to Expect During the Process: Timeline, Cost, and Confidentiality<\/h2> <p> Taking the first step is scary, especially if you've never spoken with an attorney or you worry about your job or immigration status. That's why it helps to know what to expect. The first conversation is a free evaluation, in Spanish or English, where we simply listen to your story and explain your options. You don't have to decide anything in that moment, quit your job, or confront your boss. <\/p> <p> If you decide to move forward, we work on contingency: you pay nothing up front, and we only get paid if we win your case. In most successful cases, the employer ends up paying the legal fees. We advance the costs of the case so that money is never the reason you don't defend your rights. <\/p> <p> How long does it take? It depends on the case. Some resolve in a few months through negotiation or a settlement; others, more complex or involving several workers, can take more than a year if they reach the San Francisco Superior Court. The important thing is that throughout the process you make the major decisions, with our guidance, and we keep everything completely confidential. <\/p> <h2>Common Mistakes That Hurt Your Case<\/h2> <p> Just as important as knowing what to do is knowing what <em>not<\/em> to do. These are the stumbles we see again and again: <\/p> <ul> <li><strong>Waiting too long.<\/strong> Every week without correct pay is a separate violation, and the deadlines run. Waiting can cost you recoverable months.<\/li> <li><strong>Signing under pressure.<\/strong> Don't sign a \"release,\" a new agreement, or a contractor contract without having an attorney review it first.<\/li> <li><strong>Buying the title myth.<\/strong> Believing \"I'm a manager, so I don't get overtime\" leaves money on the table.<\/li> <li><strong>Confronting the boss unprepared.<\/strong> Better to talk to an attorney first, who protects you from retaliation.<\/li> <li><strong>Thinking your immigration status disqualifies you.<\/strong> It doesn't \u2014 the law protects you the same.<\/li> <\/ul> <h2>Filing Protects Your Job: Retaliation and Deadlines<\/h2> <p> One of the most common questions is: \"What if they fire me for filing?\" In California, firing you, cutting your hours, or punishing you for asking about your classification or your pay is <a href=\"https:\/\/liberationlawgroup.com\/en\/workplace-retaliation-attorney-california\/\">illegal retaliation<\/a> \u2014 and it makes the employer's case worse, not yours. Your immigration status doesn't matter either: California labor law protects all workers, and threatening you with immigration is another violation on top. <\/p> <p> On deadlines: generally you have <strong>3 years<\/strong> to claim overtime and wages under the Labor Code, <strong>up to 4 years<\/strong> under the Unfair Competition Law, and <strong>1 year<\/strong> for a PAGA action. If you've been misclassified for three years, you could claim those full three years \u2014 but only if you act in time. <\/p> <h2>Undocumented Workers: You Have the Same Rights<\/h2> <p> If you're an undocumented worker, this is important: California labor laws protect you <strong>exactly the same<\/strong> as any other worker. Your employer can't pay you less, deny you overtime, or misclassify you just because they think you won't file a claim. And they can't use your immigration status as a threat \u2014 that's illegal retaliation, and it actually strengthens your case. <\/p> <p> Many Bay Area employers count on exactly that fear to take advantage of workers. They know many don't know their rights or are afraid to act. But the law is clear: you have the right to minimum wage, overtime, and correct classification, regardless of your status. At Liberation Law Group, we never ask about your immigration status and never share that information with anyone. We handle every case with complete confidentiality, because your safety and trust come first. <\/p> <h2>Industries and Places We See These Cases Most<\/h2> <p> From our office at 2760 Mission Street, a short walk from the 24th Street BART and Dolores Park, we represent workers across the Bay Area. Misclassification shows up again and again in certain sectors and regions: <\/p> <ul> <li><strong>Construction:<\/strong> false \"contractors\" on job sites from Mission Bay and Bayview-Hunters Point to <a href=\"https:\/\/liberationlawgroup.com\/en\/employment-law-attorneys-in-solano-county-california\/\">Solano County<\/a>.<\/li> <li><strong>Agriculture and wineries:<\/strong> the Salinas Valley, the vineyards along the Silverado Trail and Highway 29 in <a href=\"https:\/\/liberationlawgroup.com\/en\/employment-law-attorneys-in-napa-county-california\/\">Napa County<\/a>, <a href=\"https:\/\/liberationlawgroup.com\/en\/employment-law-attorneys-in-watsonville-california\/\">Watsonville<\/a>, and <a href=\"https:\/\/liberationlawgroup.com\/en\/employment-law-attorneys-in-monterey-california\/\">Monterey\/Salinas<\/a>.<\/li> <li><strong>Technology:<\/strong> permanent \"contractors\" doing the company's core work, from San Francisco to <a href=\"https:\/\/liberationlawgroup.com\/en\/employment-law-attorneys-in-san-jose-california\/\">San Jos\u00e9<\/a>.<\/li> <li><strong>Restaurants, cleaning, and caregiving:<\/strong> false salaried \"managers\" near the Civic Center, Moscone Center, and across the city.<\/li> <\/ul> <div class=\"hlme-cta-box\"> <p class=\"hlme-cta-heading\">Whatever your industry \u2014 if you were misclassified, we fight for you<\/p> <p>Attorney Arlo Uriarte and his team represent workers only. Free consultation, no fees unless we win.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Free Consultation<\/a> <a class=\"phone\" href=\"tel:+18884422642\">1-888-442-2642<\/a> <\/div> <h2>Why You Need an Attorney<\/h2> <p> Employers who misclassify their workers almost always have attorneys and resources to defend themselves. An employment attorney levels the field: they correctly calculate what you're owed, gather the evidence, compel the employer's records, and protect you from retaliation. At Liberation Law Group, led by attorney <a href=\"https:\/\/liberationlawgroup.com\/en\/arlo-uriarte\/\">Arlo Uriarte<\/a> with more than 20 years of experience, we represent employees only \u2014 never employers. We're native Spanish speakers, we understand immigration concerns, and we work on contingency. Our team, including attorney <a href=\"https:\/\/liberationlawgroup.com\/en\/abogado-laboral-empleo-gonzalo-quezada\/\">Gonzalo Quezada<\/a>, has handled these cases at every stage, from the initial investigation through trial. <\/p> <p> Trying to file on your own is risky. Without experience, it's easy to ask for less than you're owed, miss important deadlines, or sign an agreement that waives rights without realizing it. An attorney knows the tactics of employers and their defense firms, knows how each penalty is correctly calculated, and knows when to negotiate and when to take the case to court. Filing your claim with an attorney also sends a clear message that you're serious \u2014 and that alone often changes an employer's attitude. <\/p> <p> And most importantly: you have nothing to lose by asking. The consultation is free, in Spanish or English, with no obligation. You pay nothing unless we win, and we advance the costs of the case. So even if you're not sure you have a case, a few-minute call can give you clarity \u2014 and often, recover thousands of dollars you thought were lost. <\/p> <!-- ===================== FAQ ===================== --> <section class=\"hlme-faq-section\"> <h2>Frequently Asked Questions<\/h2> <div class=\"hlme-faq-item\"> <h3>What's the difference between an exempt and a non-exempt employee?<\/h3> <p>An exempt employee doesn't get overtime; a non-exempt one does. But being exempt doesn't depend on having a salary or a title: in 2026 you must earn at least $70,304 a year <em>and<\/em> spend more than half your time on genuinely executive, administrative, or professional duties. If you don't meet both, you're non-exempt and entitled to overtime, breaks, and other protections, even if you're paid a salary.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>My employer gives me a 1099. Does that mean I'm a contractor?<\/h3> <p>Not necessarily. A 1099 is just a tax document, not a legal classification. California applies the ABC Test and assumes you're an employee unless your employer proves all three parts. If they control your schedule and your work is part of their business, you're an employee regardless of the 1099 \u2014 and you can claim back overtime, minimum wage, and benefits.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>Does a \"manager\" title automatically make me exempt?<\/h3> <p>No. A title without real power doesn't make you exempt. If you don't regularly hire, fire, or direct others, and you spend the day doing the same work as your coworkers, the exemption is probably false. In that case you have the right to claim the overtime from the past several years.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>Can I file a claim if I'm paid in cash?<\/h3> <p>Yes. Cash payment doesn't excuse your employer from following the law. Your testimony and your personal record of hours are valid legal evidence. We recommend writing down your hours and pay each day, and saving any messages from your employer.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>How long do I have to file a claim?<\/h3> <p>Generally, 3 years for overtime and wages under the Labor Code, up to 4 years under the Unfair Competition Law, and 1 year for a PAGA action. Since every week without correct pay is a separate violation, it's best to act soon so you don't lose recoverable time. Call 1-888-442-2642 to confirm your case is within the deadlines.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>Can they fire me for filing a claim?<\/h3> <p>Firing or punishing you for raising your classification or your pay is illegal retaliation in California. It doesn't weaken your case \u2014 it strengthens it, and can lead to additional compensation, including lost wages and damages. Your immigration status doesn't change this protection.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>How much does it cost to hire an attorney for my case?<\/h3> <p>Nothing up front. We work on contingency: we only get paid if we win, and in most successful cases the employer pays the legal fees. The initial consultation is free, in Spanish or English, with no obligation.<\/p> <\/div> <div class=\"hlme-faq-item\"> <h3>What if several coworkers are in the same situation?<\/h3> <p>When an employer misclassifies several workers the same way, you can join together in a class action or PAGA action. These actions are powerful, increase the pressure on the employer, and can lead to much larger recoveries. If you know coworkers in your situation, tell us.<\/p> <\/div> <\/section> <div class=\"hlme-cta-box\"> <p class=\"hlme-cta-heading\">Your work matters. Get it back.<\/p> <p>If you were misclassified as a contractor or as an exempt employee, attorney Arlo Uriarte can help you recover what you're owed. The consultation is free, in Spanish or English, with no obligation \u2014 and you pay nothing unless we win. Every day you wait is money you can lose. Call today.<\/p> <a class=\"btn\" href=\"https:\/\/liberationlawgroup.com\/en\/contact-us\/\">Start Your Free Consultation<\/a> <a class=\"phone\" href=\"tel:+18884422642\">1-888-442-2642<\/a> <\/div> <!-- ===================== FAQ JSON-LD ===================== --> <script type=\"application\/ld+json\"> { \"@context\": \"https:\/\/schema.org\", \"@type\": \"FAQPage\", \"mainEntity\": [ { \"@type\": \"Question\", \"name\": \"What's the difference between an exempt and a non-exempt employee?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"An exempt employee doesn't get overtime; a non-exempt one does. Being exempt doesn't depend on a salary or title: in 2026 you must earn at least $70,304 a year and spend more than half your time on genuinely executive, administrative, or professional duties. If you don't meet both, you're non-exempt and entitled to overtime and breaks, even if you're paid a salary.\" } }, { \"@type\": \"Question\", \"name\": \"My employer gives me a 1099. Does that mean I'm a contractor?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"Not necessarily. A 1099 is a tax document, not a legal classification. California applies the ABC Test and assumes you're an employee unless the employer proves all three parts. If they control your schedule and your work is part of their business, you're an employee and can claim back overtime, minimum wage, and benefits.\" } }, { \"@type\": \"Question\", \"name\": \"Does a manager title automatically make me exempt?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"No. A title without real power doesn't make you exempt. If you don't regularly hire, fire, or direct others and you do the same work as your coworkers, the exemption is probably false and you have the right to claim overtime.\" } }, { \"@type\": \"Question\", \"name\": \"Can I file a claim if I'm paid in cash?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"Yes. Cash payment doesn't excuse your employer from following the law. Your testimony and your personal record of hours are valid legal evidence.\" } }, { \"@type\": \"Question\", \"name\": \"How long do I have to file a claim?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"Generally, 3 years for overtime and wages under the Labor Code, up to 4 years under the Unfair Competition Law, and 1 year for a PAGA action. Every week without correct pay is a separate violation, so it's best to act soon.\" } }, { \"@type\": \"Question\", \"name\": \"Can they fire me for filing a claim?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"Firing or punishing you for filing a claim is illegal retaliation in California. It doesn't weaken your case, it strengthens it, and can lead to additional compensation like lost wages and damages. Your immigration status doesn't change this protection.\" } }, { \"@type\": \"Question\", \"name\": \"How much does it cost to hire an attorney for my case?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"Nothing up front. We work on contingency: we only get paid if we win, and in most successful cases the employer pays the legal fees. The consultation is free, in Spanish or English, with no obligation.\" } }, { \"@type\": \"Question\", \"name\": \"What if several coworkers are in the same situation?\", \"acceptedAnswer\": { \"@type\": \"Answer\", \"text\": \"When an employer misclassifies several workers the same way, you can join together in a class action or PAGA action. These actions increase the pressure on the employer and can lead to much larger recoveries.\" } } ] } <\/script> <\/div>\n<!-- ===================== END ===================== -->\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Picture two workers in San Francisco. 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