Legal Question in Employment Law in California
Employee or Ind. Contractor?
I just took a part-time, outside sales job, which requires that I drive
to a prospects' home, make a presentation, and close the deal in
their home. I get a commision if the sale goes through. The
company says I am an employee and made me fill out a W-2.
They expect me to be ''available on call'' at home or by cell phone
and to go to an appointment on less than an hours' notice.
They don't pay my mileage. They didn't pay me for 25+ training
hours. They will be deducting money from my check for ''sales
materials'' they provided to me (briefcase, binder, photos, paper
copies of a presentation.) Am I an employee or an independent
contractor??
2 Answers from Attorneys
Re: Employee or Ind. Contractor?
Sounds like you are an employee. You should be paid for training time, however and likely for supplies.
Re: Employee or Ind. Contractor?
From your description it sounds as though you are an employee, who works as an outside salesman, which may be an exemption to certain wage rules. However, you still must be paid for business related expenses incurred on behalf of the company and they are not supposed to be making you pay for materials provided to you.
You should consult with an experienced labor law attorney in your area to determine what the best course of action should be.
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