Usually going hand-in-hand with wage and hour violations, independent contractor misclassification has become a rampant illegal tactic among employers trying to save on expenses. Typically, due to the nature of their “Independent work”, independent contractors are not entitled to things like overtime or rest breaks. More often than not, employers intentionally misclassify employees as independent contractors to avoid paying overtime and other expensive “employee rights”. Under California Labor Code, an employer who intentionally misclassifies an employee as an independent contractor may be liable for up to $25,000. Naturally, this is on top of all the wage and hour penalties which usually flow from the misclassification. There are a number of factors that go into determining whether an employee has been misclassified. If you feel that you may be, or have been misclassified in the past, you should consult with an employment attorney