EDD misclassification claim - how to report hours when I never tracked them as 1099 contractor?

You're in a common situation with misclassification. EDD understands people often don't track hours when they're told they're "contractors" or "on salary." When you file, explain exactly what you said here - you were told you were a contractor, worked at minimum 40 hours weekly but often more, and didn't track exact hours because you weren't told to. Be prepared with evidence that shows you were misclassified (emails showing your boss controlled how/when you worked, any performance reviews, documents showing you used their equipment, etc). EDD will investigate the misclassification itself - they care more about that than exact hours. I went through this in 2024 and won my case. I estimated my weekly hours based on projects/deadlines and EDD accepted that.

u should get all the $$$$ you can!!! thats wage theft they did to you! my friend got backpaid for like 2 yrs when her boss did the 1099 thing to avoid paying taxes. dont settle for 40hrs if u worked 60!!!

This happens all the time in California. Here's what you need to know: 1. EDD uses the "ABC test" to determine if you were misclassified (established in the Dynamex case and codified by AB5) 2. For your hours, you need to provide your best good-faith estimate. You won't be committing perjury by stating "I regularly worked 40+ hours weekly but did not maintain hourly records as I was told I was a contractor paid on salary basis." 3. If EDD determines you were misclassified, they'll conduct a wage audit where they review all available evidence to determine wages owed. 4. The burden actually shifts to the employer to prove you weren't an employee - not on you to prove every hour. Your texts and emails will help establish the employment relationship. While you technically might be entitled to overtime for those extra hours, if you can't reasonably estimate them and are comfortable with 40 hours, that's your choice.

Thanks for the helpful responses! Follow-up question: how long does the EDD misclassification claim process usually take? Should I expect this to take months to resolve?

DO NOT CLAIM JUST 40 HOURS if u worked more!!! My brother went thru this an when EDD ruled in his favor they calculated LOST OVERTIME + PENALTIES which was huge $$$. Your employer STOLE from you. In my brothers case it took about 5 months but he got backpay for all overtime at time-and-half rate plus interest!!!

Regarding your timeline question - EDD misclassification claims typically take 3-6 months, but can take longer if: 1. Your former employer contests the claim (very likely) 2. EDD needs additional documentation from either party 3. Current EDD backlog issues (which fluctuate throughout the year) Be prepared for this to potentially take 6+ months to resolve fully. Make sure to respond to any EDD requests for additional information promptly to avoid further delays. Depending on the determination, you may be eligible for: - UI benefits if you're currently unemployed - Recovery of employer-side payroll taxes - Penalties for willful misclassification You might consider also filing a wage claim with the DLSE (Division of Labor Standards Enforcement) alongside your EDD claim to address any overtime/meal break violations.

My compnay did this to me to they call you "contractor" but treat you like employee its total BS. the problem is proving it! took me FOREVER to get EDD to even look at my claim lol. the 40 hour thing is smart cause easier to prove. just tell them you worked AT LEAST 40 per week but your boss never had you track hours cause ur "salary" (which is another lie they told u

One final thing to consider - when you file your claim, you'll likely need to complete the DE 230 (Employee Questionnaire for Unemployment Insurance Benefits Eligibility). Be very detailed about your working conditions that show you were an employee, such as: - Who controlled how and when you worked - Whether you could accept/decline assignments - If you used their equipment/facilities - If you were integrated into their business operations - Whether you worked exclusively for them - If they trained you or required specific methods These factors are crucial for the ABC test. For the hours issue, there's usually a section where you can explain special circumstances - this is where you should note that you weren't instructed to track hours since you were told you were a contractor/on salary, but that you consistently worked at least 40 hours weekly. Don't hesitate to attach a separate sheet with additional explanation if needed.