EmploymentQuestion 913 of 1605
Labor Code §226.8 penalizes the 'willful misclassification' of employees as independent contractors. What is the general per-violation civil penalty range under that statute?
a.$5,000 to $25,000 per violation for a pattern or practice
b.A flat $250 per year
c.$500 to $1,000 per violation
d.$50 to $100 per violation
Explanation
Labor Code §226.8 imposes civil penalties of $5,000 to $15,000 for each willful misclassification violation, rising to $10,000 to $25,000 per violation when the employer engages in a pattern or practice of violations. These substantial penalties are in addition to back wages and taxes owed, reflecting California's strong policy against misclassification.
Law Reference: Labor Code §226.8Practice all 1605 questions free — no signup required.
Related questions on this topic
- Under California's 'ABC test' for worker classification, a worker is presumed to be an EMPLOYEE unless the hiring entity proves all three prongs. Which of the following is one of those prongs?
- Under the ABC test, prong 'B' requires that the worker perform work that is:
- A general contractor misclassifies several framers as independent contractors to avoid payroll taxes and workers' compensation. Which is a likely consequence?
- An unpaid worker wants to recover wages without hiring a lawyer or filing in court. Which California agency handles administrative wage claims?
- After a worker files a wage claim with the Labor Commissioner, an evidentiary hearing may be held to resolve the dispute. What is this hearing commonly called?
- Under Labor Code §1194, an employee who successfully sues to recover unpaid minimum wage or overtime is entitled to recover, in addition to the unpaid wages:
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)