Many California citizens find work through temporary staffing agencies. They see their jobs as blessings because they provide quick income and a sense of belonging. Some employers misclassify such people as temporary workers when they should classify them as employees, however. You might be a misclassified employee if you have a job through a staffing agency, but the following conditions apply:
The Employer Sets Your Hours
Scheduling control is one aspect of employment that can help determine your status. The law could consider you as an employee of the site for which you work if that employer has the primary control of your working schedule. For example, you may be an employee if a manager places your name on the schedule with the rest of the employees, and you take scheduling orders from that person directly. You may also be an employee if a member of that company makes changes to your schedule and does not go through the temporary agency. Scheduling control is a slippery slope, and the company you work for might be sliding toward labor violations.
The Employer Determines Your Wages
You could also be considered as an employee if the company that you work for has any control over your wages. For example, you could be viewed as a part of the company if you receive any monies directly from it. You could be considered an employee if a manager from the company has a say in your actual pay rate, as well. The staffing company usually pays temporary workers, and the staffing company decides how much they receive. They also handle the tax deductions and other such payroll tasks. You might be misclassified if you find that the other company is handling your pay or your payroll data.
The Employer Controls Your Working Conditions
Control of working conditions is also an indication that you may be misclassified. As an independent contractor, you are supposed to go to the staffing agency for information on your assignments and work locations. The third-party employer tells the agency what their needs are, and the agency fulfills such needs. You may be considered as an employee if you are receiving your work site assignments directly from the employer, or if the employer asks you to report to one of their supervisors for such an assignment.
It’s quite easy to cross the line of a temporary worker and delve into the realm of regular employment. It only requires one mistake on the part of the assigned company. Ask yourself if any of the conditions mentioned above apply and consider seeing a lawyer if they do. The company that you work for might be violating California labor laws at this very moment. If they are found guilty of violating such laws, they may have to compensate you with back pay and immediately comply with the guidelines as your employer.
As a company employee, you are entitled to specific meals and rest breaks. You are also entitled to receive overtime for any work that you do over the 40-hour threshold. Furthermore, the employer may have to reimburse you for various expenses that you may have incurred during your period of misclassification.
We at Aiman-Smith & Marcy are committed to upholding the rights of California workers. We’ve investigated hundreds of cases and have recovered losses for many misclassified employees. Our case information and statistics are readily available for your review. We want to talk to you about your current situation and offer our services if we can help. Our panel of seasoned attorneys can bring quick results so that you can get the recognition you deserve. Contact us for a consultation and find out if we can help you today.