Bohbot & Riles, PC Attorneys at Law

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Were You Misclassified As An Independent Contractor?

Employees enjoy a number of protections under California and federal employment laws. Many of these protections are not extended to independent contractors, creating an incentive for employers to push the boundaries of independent contractor status or step over the line in misclassifying employees.

If you have been denied a fair wage or benefits as a result of misclassification, it is in your best interest to seek the advice of an experienced employment law attorney. In Oakland and throughout the Bay Area, you can turn to Bohbot & Riles, PC, to identify your options and make things right. Our attorneys combine for more than 40 years of experience and look forward to helping you.

What Is Employee Misclassification?

As wage and hour attorneys, we understand the frequency of issues with employee misclassification. If your employer misclassified you as an independent contractor, you could lose out on the full benefits and salary of the position. We can advocate for your rights as an employee, and recover the benefits and salary you are due.

New Legal Developments On Employee Misclassification

There have been recent developments in California that may directly affect your rights as an employee in regard to your proper classification:

  • Dynamex Operations West, Inc. v. Superior Court (Calif. S. Ct. 2018): This case as well as related AB 5 legislation in 2019 has provided drivers for Uber and Lyft as well as other “gig workers” with basic worker protections for the first time. It makes it more difficult for employers to classify workers as independent contractors instead of employees. Beyond “gig workers,” the protections also apply to Amazon drivers, manicurists, exotic dancers and others who have traditionally been classified as independent contractors.In order to classify a worker as an independent contractor, a company must be able to prove that the worker in question is:
    • Free from the company’s control
    • Doing work that is not central to the company’s business
    • Operating an independent business in the industry
  • Proposition 22: Approved by voters in November of 2020, this exempts app-based transportation and delivery companies (such as Uber, Lyft and food delivery services) from providing benefits to certain drivers.

The opposing nature of recent legal developments on this front makes it difficult to determine whether you are misclassified. That is where our experienced advocates come in. We can help you determine your proper classification and take legal action to compensate you for any damages you have suffered due to misclassification.

Representation For All Wage And Hour Issues

In addition to misclassification, we can assist you with issues such as:

  • Exempt vs. nonexempt: Employers must pay nonexempt employees for overtime hours – more than 8 hours a day or 40 hours per week. Nonexempt employees typically include those who are paid an hourly wage. However, it is important to note that some exempt (salaried) employees may also be eligible for overtime.
  • Whistleblower protection: As an employee, you may have fears about stepping forward to complain about unpaid wages. Federal and state whistleblower laws protect employees and independent workers from experiencing retaliation. You can step forward, knowing that the law and our lawyers are on your side.

Speak With An Experienced Employment Law Attorney

You deserve to receive fair pay in exchange for the hours you worked. Contact our Oakland office to have our lawyers evaluate your case. Call us at 510-250-7278 or complete a free case submission questionnaire online. If we can help, we will reach out to schedule a free initial consultation. We speak French.