Can workers be considered employees under California law if they are not considered employees under federal law? 

Yes.  Workers may be considered employees and have protections under California law, even if they are determined not to be employees under federal law.  This is because the tests used to determine employee status under California law differ from the tests used under federal law, such as the federal Fair Labor Standards Act (FLSA).


Free legal advice. Call now: 800-484-4610

Nakase|Wade law firm represents companies, businesses, and employers – exclusively.

We invite your attention to our disclaimer.