California workers in the online based on-demand service economy have begun filing lawsuits against dot com start-ups such as Uber and Lyft. The plaintiffs allege that the companies have the right to control their work thus under California law they are actual employees entitled to protections such minimum wage, overtime pay, reimbursement for employment-related expenses, and other employee benefits. Some businesses have responded to the lawsuits with an agreement to reclassify workers as employees. Uber continues to battle these and other allegations in court.
Employers should exercise caution when classifying a worker as an independent contractor. Employees should also be aware of their rights under California employment law. For some of these workers, they would prefer to be classified as an independent contractor for a variety or reasons. Other workers are not aware that by being classified as an employee would provide them with more benefits and an assurance that they will be compensated according to California employment standards.
If you are an independent contractor and you believe that you are a misclassified worker, you need to speak with an experienced employment law attorney that can assess the circumstances to help you determine the best course of action.
The Law Office of George Duesdieker protects the rights of Californians who face unjust treatment in the workplace. If you have been denied leave, fair compensation or have been wrongly fired from your job, you have legal remedies available to you. Contact us at 650.684.5444 or online for a free initial consultation.