Legal Question in Employment Law in California
I'm a sub contractor in a company vehicle. I get paid by the job not by the hour. My boss is ordering me to drive an hour and a half away to get the company vehicle inspected with out pay.
I pay for my own gas, and they reimburse me on a tax right off. Basically I pay gas, give them a receipt, then they take out 90% of what I paid in gas from my gross pay. Tax my gross pay, then give me back the money they took out.
They are not going to pay me to drive the truck to get it inspected. And it will cost me roughly 75$ out of my own pocket in gas to go. So not only am I working for free, but I'm losing money from not working, and I'm paying 75$ out of my own pocket to do work for them.
On top of that every week I have to drive to a location of their choosing or the nearest kinkos/fedex and drop off or send them paper work. They have a fedex account, but the drive is out of my own pocket in gas. And there is no pay.
Is this legal?
2 Answers from Attorneys
The real question here is: Are you actually properly classified as a subcontractor. If they are providing you a vehicle and telling you where to go and when to go there, you might not be a sub-contractor but an employee instead. Also, if you're a true sub-contractor, you would be paying for all of your own expenses, build that into your rate and charge the employer/client accordingly. You would also have the vehicle inspected/worked on at a location of your choosing, at your cost.
To actually tell whether you are properly classified, we would need to know what type of work you are doing, what your actual job duties are, how is the rate determined "per job," (flat fee or sliding scale dependent on work done), who provides the clients to you and sets your schedule, etc. Feel free to call or email if you would like a consultation on determining these issues.
It sounds like you are being misclassified as "independent contractor" rather than an as an employee. If so, you would be entitled to a number protections under California Labor Law including without limitation: Overtime (if any), Reimbursement for your expenses (gas, uniforms (if any), Meal and Rest Breaks, etc.
Contact my office for a FREE Consultation to discuss your particular situation. We also offer a contingency fee arrangement - in other words, if we accept your case, we will not get paid unless and until you recover. We also handle Class Action Lawsuits.
Raphael A. Katri
LAW OFFICES OF RAPHAEL A. KATRI
www.SoCalLaborLawyers.com
(310) 940-2034
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