Two things California workers often confuse — and why the difference matters
If you work in the entertainment industry and you're not getting your overtime or meal breaks, you might assume you've been misclassified as an independent contractor.
Here's the thing: those are two completely different legal problems.
Misclassification happens when a company labels you as an independent contractor when you're legally an employee. Under California's ABC test — established by the California Supreme Court and codified under AB5 — your employer has to prove three specific things to call you a contractor. If it can't prove even one of them, you're an employee. Full stop. It doesn't matter what your contract says.
Wage theft is when your employer — even one that correctly classifies you as an employee — fails to pay you what you're legally owed. Unpaid overtime. Denied meal breaks. Work done off the clock that was never compensated.
You can experience wage theft without being misclassified. They're separate issues with separate legal remedies.
If something about your paycheck doesn't add up, the more useful question isn't "am I being called the wrong thing?" — it's "am I being paid what California law requires?"
