Employee Misclassification Lawyer in Bakersfield
If your employer labeled you an independent contractor to avoid paying wages, benefits, or protections, your rights may be violated. Our Bakersfield employee misclassification attorneys uncover the truth, challenge illegal classifications, and fight to recover the pay, benefits, and justice you’re entitled to.
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Protecting Workers from Misclassification
In California, your employment classification is more than just a title—it determines your fundamental rights as a worker. It dictates whether you are entitled to overtime pay, meal and rest breaks, and crucial benefits like unemployment insurance and workers' compensation. Unfortunately, many employers in Bakersfield and across the state illegally misclassify their employees to cut costs, boost profits, and sidestep their legal obligations. This practice, known as employee misclassification, is a form of wage theft that leaves hardworking individuals without the pay and protections they have rightfully earned.
At Marquee Advocacy Group, we are dedicated to fighting for workers who have been wronged. An employee misclassification lawyer from our firm can help you challenge your employer's classification and recover the significant compensation you may be owed. Your employer doesn't get the final say on your status; the law does. If you are being controlled like an employee but paid like a freelancer, it’s time to fight for your rights.
YOU DON’T PAY UNLESS WE WIN
Two Types of Employee Misclassification
Misclassification generally happens in two ways, both of which can have devastating financial consequences for workers:
1. Misclassification as an Independent Contractor
This is the most common form of misclassification. An employer labels a worker as an “independent contractor” or “1099 worker” to avoid paying payroll taxes, overtime, and benefits. In California, however, the law presumes a worker is an employee unless the employer can prove all three parts of the strict ABC Test:
- (A) The worker is free from the control and direction of the hiring entity in performing the work.
- (B) The worker performs work outside the usual course of the hiring entity’s business.
- (C) The worker is engaged in an independently established trade, occupation, or business of the same nature.
If the employer cannot prove even one of these factors, the worker is legally an employee—regardless of any “independent contractor agreement.”
Signs of misclassification include: the employer controlling how, when, and where work is done; performing the same duties as employees; lacking an independent business; using company-provided tools; or being paid hourly, weekly, or monthly rather than per project.
2. Misclassification as an “Exempt” Employee
Another common tactic is falsely classifying a worker as “exempt” from overtime. Employers often assign a salary and a managerial-sounding title but fail to provide the duties or authority required for a lawful exemption. In California, to be truly exempt, an employee must satisfy both strict duties and salary basis tests—generally earning at least twice the state minimum wage and spending more than 50% of their time performing high-level administrative, executive, or professional work.
Simply receiving a salary does not automatically make someone exempt. If a salaried employee primarily performs routine tasks similar to hourly workers, they may be misclassified and entitled to significant back pay for unpaid overtime.
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About Marquee Advocacy Group
At Marquee Advocacy Group, we believe employees are the backbone of Bakersfield’s economy. From farmworkers and oilfield crews to nurses, teachers, and office professionals, Kern County thrives because of its workforce. Yet too often, these workers are underpaid, overworked, or mistreated.
Our firm was built to level the playing field. As a premier Bakersfield labor law firm, we focus exclusively on employee representation—not employers. We’ve built a reputation for fighting aggressively in cases such as:
Get Your Free ConsultationWrongful Termination
Being fired for reasons that violate the law—such as discrimination, retaliation, or refusing to participate in illegal activities. We help employees who were let go unfairly get compensation, lost wages, and justice.
Workplace Discrimination
Employees cannot be treated differently because of their age, gender, race, disability, religion, national origin, pregnancy, or other protected characteristics. Discrimination can include unfair treatment, denied promotions, reduced hours, or being replaced due to bias.
Workplace Harassment & Hostile Work Environments
Harassment can be verbal, physical, or sexual. It includes offensive jokes, unwanted touching, intimidation, or any behavior that creates a toxic or unsafe environment. We help victims hold employers accountable for failing to stop harassment.
Workplace Retaliation
It is illegal for employers to punish employees for reporting wrongdoing, filing complaints, requesting accommodations, or standing up for their legal rights. Retaliation can include termination, demotion, cut hours, threats, or negative performance reviews.
Unpaid Wages and Overtime
Many workers don’t receive the pay they are legally owed. This includes unpaid overtime, minimum wage violations, missed meal/rest breaks, withheld commissions, or off-the-clock work. We fight to recover every dollar employees deserve.
Employee Misclassification
Some employers wrongly label workers as “independent contractors” or “salaried exempt employees” to avoid paying overtime, benefits, or providing legal protections. We help employees challenge misclassification and recover unpaid wages and benefits.
Leave of Absence Violations
Workers are legally entitled to certain leaves—such as family leave, medical leave, pregnancy leave, and disability leave. Employers cannot deny these leaves, cut hours, demote employees, or fire them for taking time off legally.
Breach of Employment Contracts
If an employer breaks a written, verbal, or implied agreement—whether related to pay, job duties, termination terms, or benefits—the employee may have a legal claim. We help enforce contractual rights and seek compensation.
Whistleblower Protection
Employees who report unsafe working conditions, fraud, wage theft, or illegal activity are protected by law. Employers cannot fire or punish whistleblowers. We help ensure their rights are protected and pursue damages when retaliation occurs.
Why Employees Across Bakersfield Trust Us?
The truth is, many workers hesitate to contact an attorney because they fear retaliation, costs, or the complexity of the legal system. But at Marquee Advocacy Group, we make the process simple, accessible, and risk-free.
No Win, No Money Promise
You pay nothing unless we win your case. Our contingency model ensures every worker—no matter their financial situation—gets fair access to justice.
Local Experience
Our team understands Bakersfield’s industries firsthand, from agriculture and oil to healthcare and education. We know the challenges local workers face every day.
Focused on Employment Law
We don’t handle every type of case—only workplace law. This exclusive focus allows us to deliver stronger strategies and better results for employees.
When you need an employment lawyer in Bakersfield, you deserve someone who understands not only the law but also the industries and pressures unique to Kern County.
YOU DON’T PAY UNLESS WE WIN
Why Misclassification is So Harmful to Workers?
Being misclassified strips you of essential rights and financial protections, including:
Overtime Pay
This is often the most significant financial loss, potentially amounting to thousands of dollars in unpaid wages.
Minimum Wage
Misclassified workers may earn less than the legal minimum wage when all hours are counted.
Meal & Rest Breaks
Misclassified employees are often denied paid rest breaks and unpaid meal periods, leading to penalties owed by the employer.
Workers’ Compensation
If you are injured on the job as a misclassified contractor, you may be wrongfully denied workers' compensation benefits.
Unemployment Benefits
If you lose your job, you may be unable to collect unemployment benefits.
Expense Reimbursement
As an employee, you are entitled to be reimbursed for work-related costs like mileage, tools, and cell phone use.
Recent Victories
From executives to construction workers, we fight for people who have been wronged. Below is a selection of our recent results.
Disability Discrimination
Wage & Hour Class Action
Retaliation - Leave
Gender Discrimination
Association - With Disabled Family Member
Racial Discrimination
Wage & Hour Class Action
Sexual Harassment
* Past results don't guarantee future outcomes. Every case is unique.
Real Stories. Real Results.
Over $100 Million recovered for our clients. Here is what they have to say about working with us.
D. Valenzuela
Employment Law Client
Phil Leggett
Employment Law Client
Shane Steiner
Employment Law Client
Jeff Phillips
Employment Law Client
YOU DON'T PAY UNLESS WE WIN
How a Bakersfield Employee Misclassification Attorney Can Help
Challenging your employment status alone is a daunting task. An experienced employee misclassification attorney from Marquee Advocacy Group can be your strongest ally. Here’s how we fight for you:
Free, In-Depth Case Evaluation
We review your job duties, your employer’s control, and the nature of your work to determine whether you were misclassified under California’s ABC Test or exemption rules.
Calculating All Your Damages
We pursue not only unpaid wages but every dollar you are owed, including interest, liquidated damages, waiting time penalties, and premiums for missed meal and rest breaks.
Handling All Legal Complexities
We file your claims, gather evidence, and build a strong case on your behalf. We manage all communication with your employer and their attorneys to protect you from pressure or intimidation.
No Upfront Fees
We represent misclassification clients on a contingency basis, meaning you owe nothing unless we win. Our fee is a percentage of the recovery, aligning our success with yours.
Fighting Retaliation
It is illegal for an employer to punish you for questioning your classification or filing a claim. If retaliation occurs, we take immediate action to hold them accountable for this separate violation.
Because these laws are so complex and often interact with one another, it is crucial to understand your full rights.
The Marquee Method: No Win, No Money
At Marquee Advocacy Group, we believe that justice should not depend on your ability to pay. That's why we operate on the No Win, No Money Marquee Method, ensuring everyone can afford expert legal representation.
You Pay Nothing Upfront
We handle all cases on a contingency fee basis. This means there are no initial retainers or hourly fees to worry about.
We Only Get Paid If You Win
Our fee is entirely contingent on a successful outcome. We receive a pre-agreed percentage of the compensation we recover for you, whether through a settlement or a court verdict.
No Win, No Money
If we do not win your case, you owe us absolutely nothing for our legal services. This removes all financial risk from pursuing the justice you deserve.
YOU DON’T PAY UNLESS WE WIN
Related Services in Bakersfield
Wrongful Termination Lawyer in Bakersfield
Workplace Harassment Lawyer in Bakersfield
Workplace Retaliation Lawyer in Bakersfield
Unpaid Wages Lawyer in Bakersfield
Employee Misclassification Lawyer in Bakersfield
Leave of Absence Attorney in Bakersfield
Breach of Employment Contract Lawyer in Bakersfield
Whistleblower Protection Lawyer in Bakersfield
Frequently Asked Questions
It does not matter. In California, you cannot waive your right to be classified as an employee if your work relationship meets the legal definition of employment. An "independent contractor agreement" is just one piece of evidence and will be ignored by a court if the reality of your job proves you are an employee.
Your Job is Your Livelihood. Let Us Protect It.
When you are facing a medical crisis or a major family event, the peace of mind that comes with knowing your job is safe is invaluable. If your employer has denied you that peace by violating your right to take leave, it’s time to fight back.
You don't have to navigate this confusing and stressful process alone. Contact Marquee Advocacy Group today for a free and completely confidential consultation with an experienced Bakersfield Leave of Absence Attorney. Let us listen to your story, explain your rights, and lay out a clear path forward. Your health, your family, and your career are too important to leave to chance. Take the first step toward justice today.
YOU DON’T PAY UNLESS WE WIN