No matter your occupation, you want to ensure that you receive payment for the time you worked. If your employer asks you to work overtime, you want to ensure that your paycheck reflects each hour – and partial hour – you work overtime. When employers fail to pay employees their overtime and minimum wage requirements, it is not just unethical but illegal in California.

Federal and state laws require employers to pay their employees minimum and overtime wages. When your employer violates your wage rights, you need help from an experienced wage and hour lawyer to review your case and fight for your rights to proper compensation.

What is the Fair Labor Standards Act (FLSA)?

The federal legislation that helps establish mandatory wage laws for employees is the Fair Labor Standards Act (FLSA). This federal law incorporated mandatory minimum wage and overtime pay requirements for all federal, state, and local government employees and the private sector. This law entitles all non-exempt employees who work over 40 hours per week to one-and-a-half times their regular pay.

California minimum wage requirements

In addition to the FLSA, California state law requires employers to pay employees a required minimum wage rate. California laws are more employee-friendly than federal law (or most other states), so the minimum wage requirements are stricter in the Golden State.

The minimum wage for companies with more than 25 employees is $15 an hour, while smaller companies must pay $14 per hour. Certain localities have higher wages, so employers and employees should stay aware of state and local laws. The minimum wage laws routinely increase in California, and employees should always know what they deserve per hour and ensure they receive the proper wages.

Exempt employees

Federal and state laws require all employees to receive the minimum wage. This means that even if an employee agrees to work for less than the wage rate, they cannot lawfully do so. Each employee should receive at least the minimum wage rate except for a few groups working specific jobs.

Some workers who are exempt from the California minimum wage requirements include:

• National service program participants
• Mentally or physically disabled employees participating in authorized nonprofits and rehabilitation institutions
• Student employees
• Camp counselors
• Organized camp program counselors
• Outside salespeople

If you do not work in one of the above professions, you should receive the minimum wage – or more – for every hour you work for your employer. If you do not, you might have a wage claim against your employer, and you should seek a consultation with a wage and hour attorney immediately.

Additional exceptions to minimum wage requirements

In addition to the other groups of exempt employees, independent contractors are also exempt from receiving minimum wage rates from employers. Independent contractors are workers who perform services for other employers while maintaining full control of how they work. Because independent contractors are not under the control of an employer, they are not entitled to the benefits that other employees will receive while working with the employer.

Employers will often misclassify employees as independent contractors to avoid paying employment taxes and the wages and benefits employees deserve. Employers can be liable for this deliberate violation when they misclassify employees as independent contractors. If you believe a company misclassified you and denied you proper wages, seek legal help.

Overtime pay requirements

Just like in other states, California considers eight hours a regular workday. Employees who work past 40 hours in a workweek have the legal right to receive one and one-half times the regular rate of pay they earn. Employees who work up to 12 hours in a workday are entitled to this overtime pay requirement. Employees who work past 12 hours in a workday are entitled to receive double their regular pay rate.

Exemptions to overtime pay requirements

As with the minimum wage, not every employee receives overtime pay.

The law exempts these employees from receiving overtime pay:

• Administrative employees
• Computer employees
• Executive employees
• Licensed professionals
• Outside sales employees

In California, exempt employees must earn at least $1,120 a week if employed by a company with 25 employees or less. Workers at a company with 26 or more employees must earn at least $1,200 weekly.

Employees should expect to receive fair pay for the hours of overtime they worked, regardless of whether the employer authorized overtime or not. That means that if an employer withholds an employee’s overtime pay for working unauthorized overtime, they can be legally liable for wage and hour violations. Employees should receive mandatory overtime pay rates when they work overtime.

When employees must receive overtime wages

Another wage and hour violation that employers can commit is delaying overtime wages to employees. Employees must receive overtime wages by the next payroll period after they earn them. An exception might allow employers to delay payment until the second-next payroll period. When employers unlawfully delay the overtime wages that employees deserve, that is a serious wage and hour violation, and employers should face liability.

Violating overtime and minimum wage laws in California

There are several reasons employers violate their employees’ wage and hour laws. The main reason is to save money. Other reasons include discriminating against certain employees based on race, age, and gender. Some employers make unintentional mistakes while dealing with payroll and forget to include the overtime wages for every employee.

Regardless, you have the right to sue when your employer violates your wage and hour rights. It does not matter whether the violation was intentional you have the right to hold your employer liable for unpaid wages.

Employers violate minimum wage and overtime pay laws by:

• Misclassifying employees as independent contractors
• Failing to pay the standard minimum wage rate to employees
• Failing to pay employees when they work during rest or meal breaks
• Illegal deductions from an employee’s wages
• Failing to keep an accurate record of hours worked or pay for all time worked

Employers can be liable in civil court when they commit these wage and hour violations. If you believe your employer has violated your wage and overtime rights, be sure to speak with a wage and hour attorney as soon as possible about your situation.

Legal options when you believe your employer violated your wage rights

When your employer withheld your wages or otherwise failed to pay you the wages you earned, they committed a wage violation under FLSA and California law. There are different methods to enforce your rights and seek legal relief. A wage and hour lawyer can explain your legal options in further detail, as your wage claim can proceed in several ways.

Informal negotiations

The first way is through informal negotiations and a settlement, which many employers may offer to avoid a trial. Simply having a lawyer contact your employer might be enough to resolve the matter.

Employers often make errors they will correct to avoid further legal action. Your lawyer will inform your employer how much you need for your unpaid wages, and your employer might pay you shortly to resolve the matter quickly and quietly. Avoiding a public wage case can protect the employer’s resources and reputation, which is often where the process starts.

Labor Commissioner or DOL claims

Your attorney can help you file a wage claim with the California Labor Commissioner’s Office or the Department of Labor (DOL). These agencies enforce wage and hour laws and investigate employers for violations. Because California wage laws are stricter than FLSA, many employees file wage claims on the state level instead of with the federal DOL. In other states, federal claims might be more common.

Your lawyer can handle the entire process of filing your claim and navigating the investigation process on your behalf. Suppose the Labor Commissioner’s Office finds your employer violated the state Labor Code. In that case, it can impose penalties on your employer and order the company to pay your unpaid wages, among other financial recovery.

Civil Lawsuit

Your lawyer might also file a lawsuit in civil court to seek your unpaid wages. Your case will follow standard litigation procedures, including a trial if necessary. Your employer might agree to settle during litigation, or you might have to put your case in the hands of a judge or jury.

Some wage violations affect numerous employees from the same organization, as an employer’s policies might deprive large groups of their rightful wages. When this happens, your lawyer might recommend a class action lawsuit, which combines all of your wage claims into one large lawsuit against your employer.

Why do you need a wage and hour lawyer?

Because the Labor Commissioner regularly oversees wage and hour issues and enforces the law, you may think you do not need to hire a wage and hour lawyer. This is incorrect, as hiring a wage and hour lawyer to handle your lawsuit will benefit you greatly.

A wage and hour lawyer can explore many options to obtain significant outcomes that representatives from the Labor Commissioner cannot. A wage and hour lawyer can protect your legal rights and secure the compensation you deserve.

Laying out your legal options

Depending on your wage and hour violation, your lawyer can decide on the best method to resolve your matter. As we discussed above, a wage claim can take many paths. Your lawyer can determine the best course of action, given your circumstances and the willingness of your employer to cooperate and admit liability.

Assessing your damages

Another way a wage and hour lawyer can help you is by assessing the damages of your lawsuit. Your lawyer can identify many damages you may not consider in your claim. In addition to the unpaid wages you seek, you can include your lawyer’s fees as damages and enforce additional legal penalties employers should pay under the law. California, for example, has a “waiting time” penalty where an employer must pay the equivalent of 30 days of an employee’s unpaid income.

Providing personal attention to your lawsuit

The right wage and hour lawyer will exhaust all options possible to recover the most compensation from your lawsuit. If settlement negotiations do not work, they can move on to a Labor Commissioner claim or lawsuit. They know your options under the law and take time to pursue every available avenue to obtain your unpaid wages.

Operating on a contingency fee basis

Another benefit of hiring a wage and hour lawyer is that they work on a contingency fee basis. With a contingency fee arrangement, you agree to pay your lawyers’ fees from a percentage of your compensation when you win your lawsuit. Instead of paying hourly fees, which can become expensive for some clients, your lawyer will set up an arrangement to receive a percentage of your compensation. This arrangement is beneficial for both you and your wage and hour lawyer. You do not stress about paying your lawyer out of pocket, and your lawyer will do their best to help you obtain maximum compensation.

Consult with an experienced wage and hour lawyer today

No matter your occupation, you want to ensure that you receive payment for the time you worked. If your employer asks you to work overtime, you want to ensure that your paycheck reflects each hour – and partial hour – you work overtime. When employers fail to pay employees their overtime and minimum wage requirements, it is not just unethical but illegal in California.

Federal and state laws require employers to pay their employees minimum and overtime wages. When your employer violates your wage rights, you need help from an experienced wage and hour lawyer to review your case and fight for your rights to proper compensation.

What is the Fair Labor Standards Act (FLSA)?

The federal legislation that helps establish mandatory wage laws for employees is the Fair Labor Standards Act (FLSA). This federal law incorporated mandatory minimum wage and overtime pay requirements for all federal, state, and local government employees and the private sector. This law entitles all non-exempt employees who work over 40 hours per week to one-and-a-half times their regular pay.

California minimum wage requirements

In addition to the FLSA, California state law requires employers to pay employees a required minimum wage rate. California laws are more employee-friendly than federal law (or most other states), so the minimum wage requirements are stricter in the Golden State.

The minimum wage for companies with more than 25 employees is $15 an hour, while smaller companies must pay $14 per hour. Certain localities have higher wages, so employers and employees should stay aware of state and local laws. The minimum wage laws routinely increase in California, and employees should always know what they deserve per hour and ensure they receive the proper wages.

Exempt employees

Federal and state laws require all employees to receive the minimum wage. This means that even if an employee agrees to work for less than the wage rate, they cannot lawfully do so. Each employee should receive at least the minimum wage rate except for a few groups working specific jobs.

Some workers who are exempt from the California minimum wage requirements include:

• National service program participants
• Mentally or physically disabled employees participating in authorized nonprofits and rehabilitation institutions
• Student employees
• Camp counselors
• Organized camp program counselors
• Outside salespeople

If you do not work in one of the above professions, you should receive the minimum wage – or more – for every hour you work for your employer. If you do not, you might have a wage claim against your employer, and you should seek a consultation with a wage and hour attorney immediately.

Additional exceptions to minimum wage requirements

In addition to the other groups of exempt employees, independent contractors are also exempt from receiving minimum wage rates from employers. Independent contractors are workers who perform services for other employers while maintaining full control of how they work. Because independent contractors are not under the control of an employer, they are not entitled to the benefits that other employees will receive while working with the employer.

Employers will often misclassify employees as independent contractors to avoid paying employment taxes and the wages and benefits employees deserve. Employers can be liable for this deliberate violation when they misclassify employees as independent contractors. If you believe a company misclassified you and denied you proper wages, seek legal help.

Overtime pay requirements

Just like in other states, California considers eight hours a regular workday. Employees who work past 40 hours in a workweek have the legal right to receive one and one-half times the regular rate of pay they earn. Employees who work up to 12 hours in a workday are entitled to this overtime pay requirement. Employees who work past 12 hours in a workday are entitled to receive double their regular pay rate.

Exemptions to overtime pay requirements

As with the minimum wage, not every employee receives overtime pay.

The law exempts these employees from receiving overtime pay:

• Administrative employees
• Computer employees
• Executive employees
• Licensed professionals
• Outside sales employees

In California, exempt employees must earn at least $1,120 a week if employed by a company with 25 employees or less. Workers at a company with 26 or more employees must earn at least $1,200 weekly.

Employees should expect to receive fair pay for the hours of overtime they worked, regardless of whether the employer authorized overtime or not. That means that if an employer withholds an employee’s overtime pay for working unauthorized overtime, they can be legally liable for wage and hour violations. Employees should receive mandatory overtime pay rates when they work overtime.

When employees must receive overtime wages

Another wage and hour violation that employers can commit is delaying overtime wages to employees. Employees must receive overtime wages by the next payroll period after they earn them. An exception might allow employers to delay payment until the second-next payroll period. When employers unlawfully delay the overtime wages that employees deserve, that is a serious wage and hour violation, and employers should face liability.

Violating overtime and minimum wage laws in California

There are several reasons employers violate their employees’ wage and hour laws. The main reason is to save money. Other reasons include discriminating against certain employees based on race, age, and gender. Some employers make unintentional mistakes while dealing with payroll and forget to include the overtime wages for every employee.

Regardless, you have the right to sue when your employer violates your wage and hour rights. It does not matter whether the violation was intentional you have the right to hold your employer liable for unpaid wages.

Employers violate minimum wage and overtime pay laws by:

• Misclassifying employees as independent contractors
• Failing to pay the standard minimum wage rate to employees
• Failing to pay employees when they work during rest or meal breaks
• Illegal deductions from an employee’s wages
• Failing to keep an accurate record of hours worked or pay for all time worked

Employers can be liable in civil court when they commit these wage and hour violations. If you believe your employer has violated your wage and overtime rights, be sure to speak with a wage and hour attorney as soon as possible about your situation.

Legal options when you believe your employer violated your wage rights

When your employer withheld your wages or otherwise failed to pay you the wages you earned, they committed a wage violation under FLSA and California law. There are different methods to enforce your rights and seek legal relief. A wage and hour lawyer can explain your legal options in further detail, as your wage claim can proceed in several ways.

Informal negotiations

The first way is through informal negotiations and a settlement, which many employers may offer to avoid a trial. Simply having a lawyer contact your employer might be enough to resolve the matter.

Employers often make errors they will correct to avoid further legal action. Your lawyer will inform your employer how much you need for your unpaid wages, and your employer might pay you shortly to resolve the matter quickly and quietly. Avoiding a public wage case can protect the employer’s resources and reputation, which is often where the process starts.

Labor Commissioner or DOL claims

Your attorney can help you file a wage claim with the California Labor Commissioner’s Office or the Department of Labor (DOL). These agencies enforce wage and hour laws and investigate employers for violations. Because California wage laws are stricter than FLSA, many employees file wage claims on the state level instead of with the federal DOL. In other states, federal claims might be more common.

Your lawyer can handle the entire process of filing your claim and navigating the investigation process on your behalf. Suppose the Labor Commissioner’s Office finds your employer violated the state Labor Code. In that case, it can impose penalties on your employer and order the company to pay your unpaid wages, among other financial recovery.

Civil Lawsuit

Your lawyer might also file a lawsuit in civil court to seek your unpaid wages. Your case will follow standard litigation procedures, including a trial if necessary. Your employer might agree to settle during litigation, or you might have to put your case in the hands of a judge or jury.

Some wage violations affect numerous employees from the same organization, as an employer’s policies might deprive large groups of their rightful wages. When this happens, your lawyer might recommend a class action lawsuit, which combines all of your wage claims into one large lawsuit against your employer.

Why do you need a wage and hour lawyer?

Because the Labor Commissioner regularly oversees wage and hour issues and enforces the law, you may think you do not need to hire a wage and hour lawyer. This is incorrect, as hiring a wage and hour lawyer to handle your lawsuit will benefit you greatly.

A wage and hour lawyer can explore many options to obtain significant outcomes that representatives from the Labor Commissioner cannot. A wage and hour lawyer can protect your legal rights and secure the compensation you deserve.

Laying out your legal options

Depending on your wage and hour violation, your lawyer can decide on the best method to resolve your matter. As we discussed above, a wage claim can take many paths. Your lawyer can determine the best course of action, given your circumstances and the willingness of your employer to cooperate and admit liability.

Assessing your damages

Another way a wage and hour lawyer can help you is by assessing the damages of your lawsuit. Your lawyer can identify many damages you may not consider in your claim. In addition to the unpaid wages you seek, you can include your lawyer’s fees as damages and enforce additional legal penalties employers should pay under the law. California, for example, has a “waiting time” penalty where an employer must pay the equivalent of 30 days of an employee’s unpaid income.

Providing personal attention to your lawsuit

The right wage and hour lawyer will exhaust all options possible to recover the most compensation from your lawsuit. If settlement negotiations do not work, they can move on to a Labor Commissioner claim or lawsuit. They know your options under the law and take time to pursue every available avenue to obtain your unpaid wages.

Operating on a contingency fee basis

Another benefit of hiring a wage and hour lawyer is that they work on a contingency fee basis. With a contingency fee arrangement, you agree to pay your lawyers’ fees from a percentage of your compensation when you win your lawsuit. Instead of paying hourly fees, which can become expensive for some clients, your lawyer will set up an arrangement to receive a percentage of your compensation. This arrangement is beneficial for both you and your wage and hour lawyer. You do not stress about paying your lawyer out of pocket, and your lawyer will do their best to help you obtain maximum compensation.

Consult with an experienced wage and hour lawyer today

When your employer fails to pay you the wages you deserve, they violate your legal rights under the law and cause you financial losses. Your employer must be accountable for failing to pay you what you earned. Holding them liable is not always easy, especially when your employer denies a violation or tries to cover up unlawful conduct.

Employment law is a particular area of law with different procedures and nuances. You need a wage-and-hour attorney handling your claim from the start.

Reaching out to an experienced wage and hour lawyer will relieve stress and help you clarify how best to proceed. The sooner you speak to an experienced attorney, the sooner you will know your rights and how to protect them.

There are a variety of benefits that are available to employees in California, and one of them is paid sick leave. Accruing paid sick leave and being able to use it is a benefit that, as we will explore below, the law established in California in 2015. If you are a qualified employee who meets the criteria, you should accrue paid sick leave through your qualified employment, and the leave will be available when you need it due to illness or related issues.

Some populations, however, are exempt from the law and may not be able to collect on paid sick leave like other employees in the Golden State. Read on to learn more about paid sick leave and how an employment attorney can ensure you collect what you are entitled to.

To Collect Paid Sick Leave in California, You Must Be Qualified

To collect on paid sick leave in California, you must meet the requirements to qualify. To qualify for sick leave, an employee must work for the same employer, so long as it began on or after January 1, 2015, for at least 30 days within a year in California. Paid sick leave began to accrue for employees starting on July 1, 2015.

Additionally, the employee must satisfy a 90-day empowerment period before taking any sick leave, which is similar to a probationary period. Qualifying for paid sick leave depends on first meeting the initial duration of time worked, while the period of employment must next meet the 90-day requirement.

What Employees Can Get Paid Sick Leave in California?

Knowing whether you are entitled to sick leave in California is important before beginning to collect benefits, and you can often determine this by the characteristics of your employment.

In California, all employees who work for the same employer within a year in the state have rights under the sick leave law enacted in 2015. This includes part-time, per diem, and temporary employees, in addition to full-time employees. Whether you are a full-time or a part-time employee, you will have the capacity to accrue and use paid sick leave in the state. If your employer takes any steps to try to prevent you from using such paid sick leave benefits, reach out to a local employment attorney to discuss what legal relief or compensation might be available to you.

Certain Employees are Exempt From the Paid Sick Leave Law in California

Most employees who meet the basic qualifications can collect paid sick leave. However, not all employees are eligible, as some are exempt from this law’s protections. The first population of persons exempt from the paid sick leave law is providers of publicly funded in-home supportive services, although only until July 1, 2018.

Union employees with specified sick leave provisions may be exempt from paid sick leave, depending on their collective bargaining agreement. Additionally, individuals who work for air carriers – including flight deck or cabin crew members – are exempt from the paid sick time leave if they receive compensated time off that is at least the equivalent of the requirements of the new paid sick leave law.

Independent contractors are exempt from paid sick leave requirements, as they generally do not have coverage under employment laws as employees do. Companies such as Uber and Lyft pushed California voters to overturn the law that required drivers to have employee status. Once Prop 22 passed, rideshare drivers lost their hope of employee status, which would have brought many benefits, including paid sick leave.

Finally, retired annuitants working for governmental entities will not automatically receive paid sick leave in California. If you are not sure whether you are in one of the exempted populations, discussing the facts and circumstances of your situation with an employment lawyer will identify your rights and how you can best uphold them.

Collective Bargaining Agreements and Paid Sick Leave

Collective bargaining agreements are common in the modern employment environment, especially with companies that want to operate outside of particular employment laws and regulations. When an employer uses their unequal bargaining power to pressure employees into accepting agreements that are not in their best interests, the agreements may not be enforceable, and those impacted may be able to recover damages.

The fact that your employer has a collective bargaining agreement does not mean it was bargained for the collective good of the employees. If your employer denies you paid sick leave, and you believe a collective bargaining agreement in place at your work is wrongfully causing this, you should learn whether you can take legal action.

Connect with a local employment attorney to discuss your case and determine what options might be available to you in terms of collecting on the lost value of paid sick leave you were entitled to.

Why Should I Hire an Employment Attorney?

If your employer denied you the benefits you deserve, your employer violated your rights, and the law provides remedies for those in this situation. Going against your employer personally can be stressful and intimidating, and also you can be at a significant disadvantage if your employer has experienced legal representation of their own.

Companies that avoid paying out benefits to entitled employees are often engaging in willful misconduct to the detriment of those who help them generate a profit. An employment attorney has experience working on similar cases and knows what damages are available to you and the process through which to collect them. An attorney steps in on your behalf and handles the stress of your day-to-day negotiations, and works to maximize the outcome of pretrial negotiations – or the outcome realized through court action.

Connect With a Local California Employment Attorney to Discuss Your Benefits

If your employer denied your ability to take paid sick leave despite meeting the eligibility requirements, you might be entitled to legal relief. Connecting with an employment attorney can help you explore your options, and if you have a case, collect the most compensation possible on your behalf.

In the modern world, you may not know whether you are an employee or an independent contractor, as this is a complex legal test. However, there are many distinct differences between an independent contractor and an employee – regarding both worker and company obligations.

If your employer incorrectly classified you as an independent contractor, you may have missed out on the benefits that employees might receive, such as healthcare coverage, retirement benefits, wage and hour protections, anti-discrimination protections, and the potential to collect unemployment or workers’ compensation.

Below, we’ll explore the difference between an employee and an independent contractor and the factors that you should analyze. Additionally, we’ll consider what compensation you might deserve if a misclassification as an independent contractor took place, when in fact, the character of your work was in line with that of an employee.

Reach out to a local employment attorney to discuss the options available to you and to maximize any compensation that you might be entitled to.

The Payment Structure Influences Contractor or Employee Status

Generally, employees receive payment as an hourly rate or a salary, while an independent contractor receives a project-based rate. For example, a company needs a 100-page report written about the options available for the competitors on the market.

If a person writes that 100-page report over three weeks, on-site at the company’s premises from 9 a.m. to 5 p.m., and receives a set payment rate per hour, they are likely an employee. This is especially true if they continue working for that company after they finish this report on other projects the company needs help with.

An independent contractor would be a person contracted to write the 100-page report for a set rate, on a set deadline, using their own office and computer. The individual would complete the same 100-page report, but on their own schedule within the confines of the deadline. The obligations of the company are very different between the two options, as well as the rights and protection of the employee.

Control and Supervision Determine Employee or Contractor Status

One of the key features of an employee is that of control, in that they are under the control and supervision of the company employing them. While an employee can still be a manager with control over others, if they are accountable to the company during the time they work, they are an employee.

An independent contractor, by contrast, works on their own schedule, using their own equipment, and for a set rate that is not hourly. If a contractor is fast, they make more per hour, if they are slow, they make less. Employees can receive unemployment, healthcare, and other benefits, however, so the lesser freedom can still be worthwhile.

Take, for example, an electrician – an individual whose job is to repair or build electrical systems for buildings. For an electrician to be an employee, they would be under the control and supervision of their employer and would be using the tools of the employer – and perhaps a company truck – and working on jobs the employer set up.

An employee electrician on a job would generally go to jobs that the company set up, for which the electrician receives an hourly rate. An independent contractor would use their own vehicle, their own tools, and line up and schedule their own customers.

The Owner of the Equipment Impacts the Professional Relationship

Ownership over the equipment needed for the job can also determine whether you are an employee or an independent contractor in some situations. Using the electrician example, the employee uses a company’s tools, while the independent contractor uses their own.

Your Employee Status Affects Your Rights Under Employment Laws

Employee status brings many benefits, but one of the most important is that you receive rights and protections under many different employment laws. No laws will apply that require an employer to pay you a certain minimum amount per hour.

If you were to lose your job, you would then not have the potential to collect unemployment, as your earnings would not get reported as employment. If you experience discrimination, you might have little recourse against the company.

When an employer incorrectly classifies you as an independent contractor and you did not receive a set minimum wage, or you experienced discrimination or harassment on the job, you may seek compensation. If your employer incorrectly classified you, you may also seek additional damages for the employee benefits you should have received while working.

Reaching out to an employment attorney can provide you with an opportunity to explore the details of your employment. If you have a viable case, an employment lawyer will file it for you and fight for the maximum compensation possible.

The Issues of Rideshare Drivers

Uber and other rideshare companies have long faced accusations of misclassifying employees as independent contractors. Both legislative and judicial measures in California ruled in 2020 that rideshare drivers and other gig workers should be employees and receive all the benefits that employees do, including a minimum hourly wage.

However, rideshare company lobbyists are incredibly influential, and despite ongoing efforts to classify rideshare drivers as employees, Proposition 22 passed in November 2020. It stated that Uber and Lyft can continue to treat drivers as independent contractors instead of employees, even if drivers would benefit from employee status.

Connect With an Employment Attorney Today

The facts and circumstances of your situation will determine whether you are an independent contractor or employee and what, if any, compensation you deserve for back pay, missed benefits, and more. A local California employment attorney can help you explore your options and maximize compensation in any case you might have.