Legal Question in Employment Law in California

Re: Independent contractor?

You are almost certainly not an independant contractor and most probably, what we call, a non-exempt or hourly employee. Start keeping you own records of the hours you work, including noting the lack of lunch, and morning and afternoon breaks. If possible go back and write down on a calendar your previous hours.

If you are fearful of discussing the unfairness of your situation with your employer, you should either go directly to the nearest Labor Commissioner's office to file a complaint or seek the advise of a local labor law attorney, who could contact the employer and attempt to straighten this out in your favor. Start keeping a diary of all events noteworthy at work.

Re: Independent contractor?

From your limited facts provided, it does not sound like you're an independent contractor. Indeed, common law concepts regarding who is an employee and who is an indepedent contractor do not necessarily govern the independent contractor analysis under the FLSA. Conversely, given the federal and state statutes and regulations governing the payment of overtime compensation, you may have wage and hour claims. Please call us if you'd like our assistance.

Re: Independent contractor?

You could file a claim for unpaid wages with the Labor Commissioner, and if retaliated against, would have a new claim and basis for a lawsuit for 'wrongful termination'. If local and interested, contact me if you want to discuss hiring counsel to represent you at the Labor Commissioner hearings and trial, or if retaliated against.