7 Signs that You’ve Been Misclassified as a Contractor

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 […]

Lisseth Bayona

Attorney

Education and Background

I am a Los Angeles native and daughter of Salvadorian immigrants. From an early age, my parents instilled the value of hard work and education in me and my two siblings. Their perseverance enabled each of us to graduate from college and earn professional degrees.

My interest and commitment to workers’ rights have roots in my parents’ experiences as undocumented workers in Los Angeles. Witnessing the challenges they faced inspired me to pursue a career where I can help individuals confronted with similar struggles. To help someone in those moments is very satisfying. I love connecting with people and learning about their stories. I believe that dignity in the workplace is a right of all workers, not a convenience or privilege reserved for employees of a certain race, gender, age, sexual orientation, or gender identity.

Legal Experience

I received my J.D. from the University of Southern California (USC) Gould School of Law. While there, I served as a judicial extern to the Honorable Patrick J. Walsh of the United States District Court for the Central District of California. Also, while at Gould, I served as an extern for the United States Attorney’s Office for the Central District of California, Criminal Division. As an extern, I worked closely with a trial team of Assistant U.S. Attorneys in prosecution of a web-based platform used to promote human trafficking.

I am a member of Aiman-Smith & Marcy’s class action litigation group. As part of that team, I have successfully fought high-stakes legal battles against well-resourced and highly competent defense firms. See, e.g., Cal. Labor & Workforce Dev. Agency ex rel. Raymond v. CompuCom Sys. (E.D.Cal. Mar. 9, 2023, No. 2:21-cv-02327-KJM-KLN) 2023 U.S.Dist.LEXIS 40710.

Personal Interests

In my free time, I enjoy urban vegetable gardening, traveling, and spending time with my nephew and niece. I also love to spend time at San Onofre Beach learning to surf, although admittedly, I am not very good.

Education

 

Hallie L. Von Rock

Attorney (SBN 233152)

Education and Background

I moved to the Bay Area from Washington after graduating high school. I had been accepted to UC Berkeley through a program where I could defer for two years while getting my California residency and attending community college, which was significant since I was paying for college on my own. I began working for Randall Aiman-Smith and Reed Marcy in 1996 as an office manager while taking night classes. My first foray into the legal world was soon after starting at the firm when I was ready to transfer to UC Berkeley. Rather than accepting my resident status, the Board of Regents took the position that California residency required a student to be in California “two calendar years.” Randall and Reed took up my case with the same verve as they helped their actual clients and I got the chance to comb through the UC Berkeley library to read their codes and regulations to support my position. In that experience, I learned what is was like to feel helpless against a big organization and then to have dedicated attorneys in my corner to take up my cause.

After a break to pursue my major in art history, I went to UC Hastings College of Law and continued working with Randall and Reed. Having worked together now for over 25 years, we have a unique ability to work collaboratively and finish each other’s sentences. I have strived throughout my career to make a difference in the lives of our clients. At the end of the day, if I am helping someone to get compensation for losses they suffered, then I know that all the work put into a case has been worth it.

Legal Experience

I have extensive experience in civil litigation and class action cases, including conducting discovery and depositions, calculating damages analysis, preparing motions for certification, writing appellate documents, and overseeing claims administration. We have handled several class actions against retailers where plaintiffs claimed they were forced to purchase clothing to wear to work and were not compensated for these purchases, including against Abercrombie & Fitch, Hugo Boss, Armani Exchange, Uniqlo, Dollar Tree, and Ross. Recently, I was trial counsel in a defamation claim against Bank of America on behalf of a former employee who claimed the Bank blacklisted her with future employers. The jury found Bank of America liable, including for punitive damages.

Personal Interests

Aiman-Smith & Marcy has sponsored me in the Boston Marathon and New York Marathon. When I race, I often wear a “Rockstar Ronan” shirt to support research for childhood cancer through The Ronan Thompson Foundation.

Education

University of California, Berkeley, B.A., 1999

Hastings College of the Law, University of California, J.D., 2004

Randall Aiman-Smith

Abogado (SBN 124599)

Aiman-Smith & Marcy. Oakland consumer fraud attorneys.

Educación y antecedentes

Fui afortunado. A pesar de no haber terminado la escuela secundaria o la universidad, pude -aunque con mucho trabajo- ser admitido y sobresalir en una de las mejores escuelas de derecho del país: La Facultad de Derecho de la Universidad de Berkeley. Mientras estuve allí, tuve el privilegio de ser editor de la California Law Review y miembro del Moot Court Board, asesorando en la redacción de escritos y en la defensa de apelaciones a otros estudiantes. Después de salir de la escuela de derecho, en mis primeros años de práctica, enseñé la escritura legal y la defensa de apelación en la Universidad de California, Hastings College of the Law. También, a lo largo de los años, he sido presentador en eventos de educación legal continua.

Experiencia legal

He sido abogado durante 35 años. He dedicado mi práctica exclusivamente a representar a empleados, consumidores e inversores en los tribunales estatales y federales de primera instancia y en los tribunales de apelación. Me gusta ir a los tribunales por mis clientes y he llevado muchos casos con jurado en los tribunales estatales y federales.

¿Ejemplos? En 2010, fui la abogada principal, junto con los otros abogados del bufete, en el caso Williams v. Union Pacific Railroad donde, después de cuatro años de preparación, el bufete obtuvo un veredicto del jurado de 1.670.000 dólares para una empleada afroamericana. En Rivero v. Surdyka, fui el abogado principal en el juicio y la apelación de un caso de derechos civiles que duró 15 años, incluyendo un juicio completo y tres apelaciones al Noveno Circuito, concluyendo finalmente con una sentencia para los demandantes de más de 2.300.000 dólares. Estos casos ilustran el lema del bufete: compromiso – resultados. Hay que comprometerse con un caso, a veces durante mucho tiempo, para obtener el resultado que el cliente merece.

No siempre ganamos en el juicio. Cuando eso ocurre, el compromiso significa llevar el caso al siguiente nivel y recurrirlo. En el caso Rivero, antes mencionado, eso fue lo que ocurrió: el tribunal desestimó el caso -habíamos perdido- pero apelamos y conseguimos una victoria para nuestros clientes que mantuvimos a través de dos apelaciones más. Desde entonces, el bufete ha conseguido muchas victorias en apelación que reivindican los derechos de los empleados y los consumidores.

A lo largo de los años he sido abogado de los demandantes en numerosos casos individuales y acciones colectivas. Puede sonar cursi, o difícil de creer, pero después de todo este tiempo, y después de todas las grandes experiencias que he tenido, mi parte favorita de ser abogado es cuando consigo dar un cheque a mi cliente.

 

Educación

Facultad de Derecho, Universidad de California, Berkeley, J.D., 1986