Many employers label workers as “Independent Contractors” in order to reap benefits such as passing the costs of doing business along to others, and getting around having to pay overtime. Often times a worker who is termed an “Independent Contractor” by an employer is not really an Independent Contractor, as defined under applicable laws.
In these cases The Law Offices of Randall Crane has succeeded in establishing that so-called Independent Contractors are entitled to overtime and other benefits, including reimbursement of all monies paid to do business. Even if you have signed written agreements, been made to purchase business licenses, submit bills for hours worked, and other actions designed to make you look like an Independent Contractor, you may not really be “Independent.” “Independent Contractors” are not really independent if the employer maintains tight control over the worker. If you think that you have been treated as an Independent Contractor but have been under the employer’s direction you may be entitled to recover substantial damages. Additionally, some workers who really are Independent Contractors, and not under employer supervision, may have trouble collecting the payments due to them. The Law Offices of Randall Crane can help with these types of situations, as well. Call the Law Offices of Randall Crane today. There is no consultation fee.
Are you thinking of filing a claim with the Labor Commissioner? The California Labor Commissioner does not charge for cases which it accepts. But there are some things to consider. The process can be very slow. There is an interview process, and the Labor Commissioner may decide not to pursue your case. Even if there is a decision in your favor the employer can start the process over by going to the Superior Court, although there are some disadvantages to the employer. The law permits you to start with a knowledgeable employment attorney and take the process to court without going to the Labor Commissioner. Our recommendation is that small matters such as delayed checks or small mistakes in payment be taken to the Labor Commissioner, but that larger claims be taken to an attorney for an evaluation.
Remember even if you have already begun a claim with the Labor Commissioner you can still have it evaluated by the Law Offices of Randall Crane with no obligation.
The Overtime Laws require that you be paid one and half times your ordinary wage (or more) for each hour of overtime that you work. In California this is more than 8 hours in a day and more than 40 hours in a week. For example, if your regular rate of pay is $20 per hour, then your overtime rate is $30 per hour. Many companies fail to comply with the laws regulating overtime pay. And often times employees are misled to believe that they do not quality for overtime. Many salaried employees are actually entitled to overtime pay. If you are not being paid overtime, even if you are unsure as to whether or not you are entitled to it, call us today. We will not charge you for our services unless we win your case and money for you.
Employers may not retaliate against their employees for reporting violations of the law. When an employee files a lawsuit against his or her employer (or complains about workplace discrimination or harassment), the employer is prohibited from terminating or demoting the employee in retaliation. This protection exists even for an employee who speaks on behalf of another co-worker. Similarly, employers may not retaliate against "whistle blowers." Whistle blowers are employees who report unlawful acts of the employer to outside government or law enforcement agencies.
Many people think that “Wrongful Termination” means mistaken termination. Employment attorneys often hear this from a prospective client: “My termination was wrongful because I was the best employee they had and the reason they gave for firing me was a mistake.”
Unfortunately there has to be more than this. In most states, including California, an employee can be fired based on a mistaken, incorrect or false reason- or even for no reason at all. But an experienced attorney knows that there is more to it than this. An employer who is acting unfairly in one way will often be acting unfairly in many ways where effective legal action can be taken. Call The Law Office of Randall Crane for an evaluation of all the facts of your case. Don’t be discouraged! We fight unfair action by unfair employers.
|The Law Offices of Randall Crane
180 Grand Ave., Suite 1550 Oakland, CA 94612 Telephone (510) 465-4606 Fax (510) 465-4643
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