# Bakersfield Independent Contractor Misclassification Lawyer > Mis-classified independent contractors may be owed overtime, employment anti-discrimation rights, workers compensation Source: https://bakersfieldlaborattorney.com/independent-contractor/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Kern County, California. Phone: (661) 412-9600 (calling is the fastest way to reach the legal team) Office: 5401 Business Park S, #214, Bakersfield, CA 93309 Contact form: https://bakersfieldlaborattorney.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- The California Supreme Court in Dynamex Operations v. Superior Court made it even more difficult for an employer to misclassify a worker as an independent contractor. Even before this opinion, when these matters came before the IRS, more than 80% of the time the IRS determined the worker was misclassified as an independent contractor and should have been paid as an employee. California lawsuits involving whether somebody is an employee or independent contractor rarely have decided somebody was an independent contractor. In order for a person to be legally classified as an independent contractor their employer must prove: 1. The worker is free from the control of the hiring entity in the performance of the work done; 2. The worker does work that is outside the hirer's normal business; 3. The worker is customarily engaged in a business independent from the hirer's, and the worker is doing work for the hirer similar to that done in the worker's regular business California is a leader in offering protection to workers based on sexual orientation. If you feel that you have experienced harassment or [discrimination in the workplace](https://bakersfieldlaborattorney.com/discrimination/) because you are gay, lesbian, bisexual, transsexual or transvestite, you may be entitled to compensation. ## **Protecting Workers From Discrimination and Harassment** Discrimination based on sexual orientation can take many forms, from failure to promote to wrongful termination . Harassment is different from discrimination in that it involves offensive comments or touching. Both types of conduct are illegal in the workplace under the California Fair Employment and Housing Act (FEHA). Male on male conduct can be sexual harassment. So can female on female Discrimination and harassment can work both ways. If your boss is gay or lesbian and harasses you because you are straight, you may have a claim against your employer. Likewise, employees who want to turn you straight may be liable for sexual harassment orientation. You do not have to put up with harassment or discrimination in the workplace. Your employer has a duty to investigate sexual orientation harassment and discrimination claims and could be found liable if it fails to do so. It is also illegal for your employer to retaliate against you for reporting harassment or discrimination, or for supporting another's claim. To speak to our sexual orientation lawyers, call **(661) 412-9600** toll free. We handle all employment law cases on a contingency fee basis with no upfront costs. Se habla español. ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Kern County We have proudly served all of Kern County since 1993. Ready to discuss your case? (661) 412-9600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bakersfieldlaborattorney.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bakersfieldlaborattorney.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bakersfieldlaborattorney.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bakersfieldlaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bakersfieldlaborattorney.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bakersfieldlaborattorney.com/whistle-blower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://bakersfieldlaborattorney.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (661) 412-9600 Now](tel:6614129600)