10/18/2026
When a worker classified as an independent contractor is found to actually be an employee under California's ABC test, the consequences reach back in time, not just forward. Retroactive claims can include unpaid overtime, missed meal and rest period premiums, unreimbursed business expenses under Lab. Code § 2802, and unpaid payroll tax contributions the worker should never have borne personally. Many misclassified workers assume that fixing the label going forward is the whole remedy, when in fact the retroactive exposure is often the larger part of what is actually owed. If you have been working as a 1099 contractor while functioning like an employee, in schedule, control, and supervision, the retroactive piece of that claim is worth having evaluated specifically, not assumed away.
Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine whether you have a claim, and how much of a conversation that takes.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts. No lawyer can guarantee a result. Past results do not guarantee or predict future outcomes.
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AI may have been used to create this post. All content reviewed by a CA attorney before publication.
Michael Trust, Esq., the owner of Michael Trust Law, APC, has extensive experience across a wide range of industries, and workplace issues and disputes,