This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent contractors and employees can be an important one when it comes to determining workers’ rights. For example, under California labor laws, employees are entitled to various wage-and-hour benefits (i.e. overtime meal break premiums), anti-discrimination and retaliation protections. However, the California Labor Code does not provide the same protections to independent contractors.
Beaumont-Jacques v. Farmers Group: District Manager was Properly Classified as an Independent Contractor
In the past, I have written a few posts about the dangers associated with misclassifying workers’ as independent contractors instead of employees. Misclassification usually exposes an employer to various types of liabilities, including claims for unpaid overtime, wrongful termination, unemployment benefits, and other California and federal employment law violations. In a typical misclassification case, employees are likely to contend that they were misclassified as independent contractors, and as a result, denied various benefits and protections under the Labor Code and/or Fair Standards Labor Act.
Network operations engineers, information technology (“IT”) specialists, systems administrator/engineers, database administrators, network administrators, network analysts, desk support, regardless of titles given by employers, these employees are known to share two things in common: long working hours and high-risk overtime liability for employers.
Classifying computer professionals for purposes of overtime exemption can be a daunting task even for the most experience employment law attorneys. This task requires a thorough understanding of a complex interplay of Federal and California law, comprehensive knowledge
In the past few years, California employers have witnessed a drastic increase in overtime claims brought by former and current employees. Because of the statutory one-way attorney fee provision under Labor Code section1194, these claims are exceedingly expensive to defend and often employers are compelled to settle to avoid exposure.
There is a great deal of confusion and uncertainty in the high-tech industry when it comes to dealing with the California computer professional exemption under California Labor Code section 515.5. This uncertainty is largely due to novelty and complexity of the law and lack of California judicial guidelines on how to apply the exemption.