You can file a wage claim with the California Labor Commissioner’s Office (DLSE) if your employer misclassifies you as a 1099 independent contractor. To recover your unpaid wages and benefits, you must gather evidence of your work relationship and submit a formal claim. Msriani Law Group recommends hiring an attorney to navigate the ABC Test and maximize your settlement.
1. Why Misclassification Harms Your Career
In California, the law establishes a clear distinction between an “employee” (W2) and an “independent contractor” (1099). As we explained in our [Comprehensive Guide to the ABC Test], California law presumes you are an employee unless your hiring entity proves otherwise.
When an employer misclassifies you, you lose critical protections:
Unpaid Overtime: You lose the right to time-and-a-half pay.
Unreimbursed Expenses: You pay for business costs that the employer should cover.
Missing Benefits: You lose access to Workers’ Compensation and Unemployment Insurance.
The Tax Burden: You pay the full self-employment tax because the employer avoids their half of payroll taxes.
2. Your Step-by-Step Guide to Filing a Wage Claim
Filing a claim requires precision. Follow these steps to protect your rights.
Step 1: Gather Your Paper Trail
The strength of your claim depends on your evidence. You should collect the following immediately:
Contracts: Any written agreement outlining your duties.
Pay Records: Stubs, invoices, or direct deposit logs.
Schedules: Proof that the company dictated your working hours.
Communications: Emails or texts where a manager directs your specific methods.
Tools: Receipts for equipment you bought that the company should have provided.
Step 2: Track the Statute of Limitations
Act quickly. You generally have three years to file a claim for unpaid wages and penalties. If you wait too long, the court will bar your recovery regardless of the evidence.
Step 3: File with the Labor Commissioner (DLSE)
You can initiate your claim through the DLSE’s online portal. When filing:
Identify the Entity: Provide the full legal name and address of your employer.
Detail the Violations: State exactly how many hours of overtime or meal breaks the company missed.
Submit Form DLSE 1: Complete this form to start the formal investigation.
Step 4: Attend the Conference and Hearing
The Labor Commissioner will typically schedule a conference to resolve the dispute. If the parties do not reach a settlement, the case proceeds to a formal hearing. During this hearing, a Hearing Officer will take testimony and issue a binding “Decision and Order.”
3. Why You Need an Attorney for Your Claim
While you can file a claim alone, employers often hire aggressive legal teams to protect their profits. Msriani Law Group levels the playing field.
Our attorneys will:
Calculate Your Full Value: We identify every dollar you are owed, including interest and waiting time penalties.
Apply the ABC Test: We use California’s strict legal standards to prove you are an employee.
Counter Employer Defense: We dismantle “good faith” defenses that companies use to avoid fines.
Represent You at Hearings: We speak for you, ensuring the Hearing Officer hears the strongest possible version of your case.
Conclusion: Reclaim What You Earned
Misclassification isn’t just a “label”—it is a way for companies to save money at your expense. If your boss mislabeled you as
a 1099 contractor, you have the power to fight back.
Contact Msriani Law Group today for a confidential, free consultation. We will help you understand your rights and reclaim the wages you deserve.
Contact Us Today! 510 Arizona Ave, Santa Monica, CA 90401 (866) 500-7070 teams@mesriani.com Available 24/7
