Exempt vs. Non-Exempt Classification for Workers in California

Although there are labor laws in California designed to shield workers from unfair conditions, misclassification of work status remains a widespread problem that leaves many workers unable to benefit from the state’s rules and regulations. Many workers in the state are incorrectly labeled as either an exempt or non-exempt employee, leaving them vulnerable to exploitation […]
What California Workers Need to Know About Employee Misclassification

When you believe you’re being cheated of benefits at work, such as not being paid properly or being denied pay for overtime, meals and rest breaks, you can easily suffer financially as well as become discouraged on your job. Sometimes, the reason for these injustices is because workers have been misclassified by their employers, meaning […]
How Are H1-B Visa Workers Being Exploited in California

H1-B Visa Workers are permitted temporarily into the United States to work on jobs where Americans are not available. Loopholes around the law are being exploited by employers in California to the disadvantage of many employed under the program. The original intention of the program was to meet the needs of high-tech companies who could […]
Am I An Employee Or Independent Contractor?

If you have been in the working world any length of time, there is no doubt you have heard the term ‘independent contractor’ used. The majority of the country’s workforce are classified as employees, rather than independent contractors. Simply put, that means that they report to a particular location(s) at a set time determined by […]
What You Need to Know As a Temporary Employee in California

For businesses in California and throughout the nation, temporary workers translate into cost savings. For one thing, those businesses don’t have to pay temp workers medical or dental benefits, vacation and sick pay or contribute to their retirement plans. In addition, employers who need workers with particular skill sets can hire skilled temporary workers, saving […]
Misclassified As A Temporary Worker?

Many companies employ temporary workers today, who are provided by staffing agencies and consider these workers as independent contractors. Many employed in this capacity may be owed back wages and penalties if they were misclassified as a temporary worker and not provided legally compliant meal and rest breaks, paid overtime or reimbursed for necessary business expenses […]
Am I An Employee Or Independent Contractor?

There are various reasons why being an employee or an independent contractor can be beneficial to both parties involved. There are other circumstances where the one being paid to perform work is at a disadvantage when classified as an independent contractor. The misclassified worker will likely not be compensated at a higher rate for any […]
Oakland law firm Aiman-Smith & Marcy, has filed a class action lawsuit against UBER TECHONOLOGIES, INC. on behalf of taxi drivers

Aiman-Smith & Marcy, an Oakland class action law firm, has filed a class action lawsuit in Alameda County against UBER TECHONOLOGIES, INC. on behalf of taxi drivers in Oakland, Berkeley, and Emeryville. Aiman-Smith & Marcy, an Oakland class action law firm, has filed a class action lawsuit in Alameda County against UBER TECHONOLOGIES, INC. on […]
Exempt Employee Misclassification

The Federal Fair labor Standards Act sets standards for basic minimum wage and overtime pay and regulates practices of most public and private employers. In addition, California wage and hour lawsfurther define how employers are required to treat their employees. Employment status is based on such factors as the type of work employees do, their responsibilities and rate […]