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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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How do i go about filing a claim with labor board in CA, for

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How do i go about filing a claim with labor board in CA, for missclassification of employee vs independent contractor? Julie


I was a 1099 for 21 months as a contract recruiter at a start up. 

they made me be on site daily, gave me desk, computer, business cards, phone, made me bill hourly vs per project. had me turn in weekly reports. had me doing much more work than just a recruiter would do. I tried to ask to be an employee but VP HR said the CEO wanted the option to let us go if things slow down or we use up all our connections per se. I did about 60% more than the other 2 recruiters onsite. I was a tweener, I didn't get the benefits of an employee and I didn't get the freedom of a 1099. 

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

You have two options to make a complaint to the Department of Labor.

1) You can call your local office of the Department of Labor and make a complaint directly to them.

You can find your local office at this website here:


2) You can file a wage claim against your employer for unpaid overtime and wages and for misclassification as an independent contractor by using the forms available online here:

I'm not sure what you mean by having a contingency agency working on it? Do you have an attorney? I would definitely highly suggest against having an agency's 'assistance' since filing a wage claim is a relatively easy process and the agency would likely be collecting a substantial fee for little to no work in actually helping you.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

quickly, I don't understand which form to print out. : )