Legal Question in Employment Law in California

Re: Contractors

No, and if you want to do something about it, file a claim with the Labor Commissioner, explaining the facts. You may want to have an attorney represent all of you in the claim. If interested, contact me to discuss.

Re: Contractors

The employer's practice is not legal. You and your co-workers are paying the employer's portion of state and federal and you are probably not covered by workers' comp insurance if you are injured.

The wage and hour implicaitons may involve you and all your co-workers and might include unpaid wages (while you are waiting for work) and unpaid overtime if work hours, including waiting time, extend beyond 8 hours in a day or 40 hours in a week. In addition, there are penalties for break and meal period issues.

You and your co-workers should seek qualified counsel to represent you. If you need assistance, feel free to call.

Re: Contractors

This practice is not legal. The company cannot require you to remain at the site without pay. If you are truly a contractor, the company must pay you your contract rate. If you are actually an employee, who was mis-classified as a contractor, you would be entitled to receive your regular rate of pay, or at least the minimum wage for all hours worked.

If you'd like to learn more about your rights and discuss the next procedural step toward changing this practice, contact us at (510) 891-9800.