California EDD Defense


Brotman Law — EDD defense attorneys San Diego

Tax Defense

EDD Tax Defense

Employment Development Department audits, assessments, and worker-classification disputes. We represent California businesses at every stage of EDD enforcement.


Frequently Asked Questions

EDD Tax Defense FAQs

What triggers an EDD payroll tax audit?

Common triggers include worker misclassification complaints (often filed by workers denied unemployment benefits), information sharing between the EDD and the IRS, industry-targeted enforcement initiatives (construction, trucking, healthcare, and tech are frequent targets), and random selection. The EDD has become increasingly aggressive in reclassifying independent contractors as employees under California’s ABC test.

What is California’s ABC test for worker classification?

Under AB 5 and the Dynamex decision, California presumes all workers are employees unless the hiring entity proves all three prongs of the ABC test: (A) the worker is free from control and direction, (B) the worker performs work outside the usual course of the hiring entity’s business, and (C) the worker is customarily engaged in an independently established trade or occupation. Prong B is the most difficult to satisfy and is where most reclassifications occur.

What are the penalties for misclassifying workers in California?

Penalties include back payroll taxes (employer and employee shares of SDI, UI, and ETT) plus interest, a 10% assessment penalty for late filing, and a 15% penalty if the EDD determines the misclassification was intentional. You may also face penalties from other agencies — the Labor Commissioner, CalOSHA, and the IRS may all initiate their own proceedings. In egregious cases, criminal prosecution is possible under Labor Code Section 226.8.

Can I appeal an EDD audit assessment?

Yes. After receiving a Notice of Assessment, you have 30 days to file a petition for reassessment. If denied, you can appeal to the California Unemployment Insurance Appeals Board (CUIAB). You also have the option to pay the assessment and file a claim for refund, then pursue the matter in Superior Court. We evaluate the strategic merits of each path based on the facts of your case and the classification issues involved.

As Featured In & Recognized By

Super Lawyers
The Wall Street Journal
The New York Times
Reuters
Inc. 5000
Forbes Business Council

Get Started Today

Book Your Free 15-Minute Call

Schedule a brief call with our team to discuss your situation. We’ll assess where things stand and outline your options — confidentially and without obligation.

  • Completely confidential — protected by attorney-client privilege
  • Every situation is different — you’ll receive a custom assessment tailored to yours
  • Same-day and next-day appointments available







Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California