7 Signs that You’ve Been Misclassified as a Contractor

At Aiman-Smith & Marcy Our Oakland attorneys want you to know that help is available for Missed Breaks

Independent contractors are not entitled to minimum wage, benefits, or overtime pay. This allows actual contractors to work freely on long or short projects, setting a rate to charge based on the temporary value of their work. Real contracts find freedom in non-employee status. However, when employers start misclassifying employees as contractors, it’s a way […]

How California’s Bill 1513 Changed Commissions for Salons and Spa Workers

California’s Bill 1513, originally signed into law in 2015, drastically altered the way salon and spa owners are now required to compensate their employees. Salon and spa owners may not be as compliant (though not necessarily intentionally) as they should be; these changes are causing much consternation among employees regarding their pay. Classifications of Employee […]

Are You a Temporary Worker or a Misclassified Employee?

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 […]

CA Temporary Workers: You Are Not Contractors If…

Many businesses hire temporary employees during their busy season or to handle specific large projects that are too much for the regular staff. Temporary work ranges very widely and can be anything from seasonal laborers to tax-season accountants. However, there is a great deal of confusion and sometimes outright fraud as to whether temporary hires […]

Should You Be a Contractor or an Employee with Benefits?

It should come as no surprise that employers are constantly looking for ways to cut corners. Especially when it comes to paying employees. Some businesses pinch pennies so tightly that they have started purposefully misclassifying employees. While you may have heard of this with exempt and non-exempt employees, the growing ‘contractor culture’ has brought to […]

What Your Employer Can’t Do if You Are “Exempt” – Part 2

[Continued from Part 1] Welcome back to the second half of our two-part article on how employers have misused the ‘exempt’ employment classification. Not all employers understand the rules for exempt employees, and many try to exploit the situation and actively defy employment law. Last time, we focused primarily on how employers cannot dock your […]

What Your Employer Can’t Do if You Are “Exempt” – Part 1

Most people (including employers) only know two things about “exempt” employees. First, that they are salaried instead of hourly. And second, that they don’t have to be paid overtime. However, the law is much more detailed in how employers must treat exempt employees in order for them to remain “Exempt”. Just as there are certain […]

Are You Exempt? Really?

An “exempt employee” is one who does not have to be paid overtime. Federal law is quite clear on this matter. You are exempt if one or more of the following is true: You have managing the enterprise as a primary duty, have the authority to hire or fire others and regularly direct two or […]

Bankers’ Hours Getting Misclassified as Not Overtime Eligible

The rules established in the Federal Fair Labor Standards Act (FLSA) are well-known. An employer must establish a workweek and must pay overtime when hours worked exceed 40 hours in the workweek for “non-exempt” employees (not managers, paid hourly). Pay must be at least minimum wage and overtime must be at the rate of time and […]

How to Tell If I Am An Employee or an Independent Contractor

Often times when you land a job, you are just happy to be hired and not so much concerned with what your status is with them so much as the size of your paycheck. However, there are huge differences between if your employer refers to your as an “employee” versus if they just call you […]