Bracamontes & Vlasak, P.C.
San Francisco Office
220 Montgomery Street
San Francisco, CA 94104
1901 Harrison Street
Oakland, CA 94612
San Francisco Personal Injury
Employees in California have numerous rights under California’s wage and hour laws, including the right to receive a minimum wage, overtime pay, and rest periods. Independent contractors, however, are not covered by California’s wage and hour laws and do not receive the same protections and rights as regular employees. Because of this difference, employers often attempt to classify a worker as an independent contractor to avoid being subject to the wage and hour laws.
Whether a person is an employee or an independent contractor is not always readily apparent. California Labor Code § 3353 defines independent contractor as “any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.”
Some of the factors used to determine whether a person is an employee or an independent contractor are as follows:
If you believe that you have been misclassified as an independent contractor by your employer, you may be entitled to additional benefits and compensation. Contact an employment attorney at Bracamontes & Vlasak today to discuss your legal rights. You can also schedule a free consultation by calling 415.835.6777.
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