Despite classifying Joseph as an independent contractor, Verdant Strategies imposed daily communication requirements, further demonstrating a level of control and oversight consistent with an employer-employee relationship. Verdant Strategies’ expectation for constant availability, immediate responses, and daily task management contradicts the legal standard for independent contractor relationships and supports the claim of misclassification under California law (AB-5).
1. Daily Communication Was Required, Not Optional
- Verdant Strategies required Joseph to be available daily for work updates, status reports, and assignments, rather than allowing Joseph to operate autonomously.
- Slack messages, emails, and direct communications from Company leadership reinforced that daily check-ins were not optional but an expectation of continued engagement.
- Joseph was expected to respond promptly to messages and requests, often with little to no flexibility in setting independent work hours.
2. Daily Task Assignments & Workflow Control
- Verdant Strategies frequently assigned new, urgent tasks on a daily basis, disrupting pre-planned workflows and overriding previous priorities.
- Joseph had little discretion in prioritizing their own workload, as Verdant Strategies dictated which tasks should be handled first and how they should be completed.
- This day-to-day micromanagement further reflects an employer-level control that is inconsistent with the independence expected of a true contractor.
3. Mandatory Participation in Daily Operations
- Verdant Strategies treated Joseph as part of its daily operations, expecting them to engage in real-time problem-solving and decision-making.
- Joseph was often pulled into meetings and discussions that went beyond the agreed-upon scope of work, reinforcing the notion that they were expected to function as an internal resource rather than an external contractor.
- This level of daily integration is characteristic of an employee relationship, where ongoing supervision and direct involvement are standard.
Conclusion: Employer’s Daily Oversight Further Proves Misclassification
By imposing daily communication requirements, direct task control, and an expectation of immediate availability, Verdant Strategies exercised the type of control typically reserved for employees. Joseph was not given the independence legally required for an independent contractor, further reinforcing that Verdant Strategies’ classification was improper. This daily level of oversight and mandatory engagement serves as additional evidence of misclassification, breach of contract, and bad-faith employer conduct.
