Employee vs. Independent Contractor: Oakland Employment Attorneys
Employees in California have numerous rights under California's wage and hour laws, including the right to receive a minimum wage, overtime pay, and rest periods. Independent contractors, however, are not covered by California's wage and hour laws and do not receive the same protections and rights as regular employees. Because of this difference, employers often attempt to classify a worker as an independent contractor to avoid being subject to the wage and hour laws.
Whether a person is an employee or an independent contractor is not always readily apparent. California Labor Code § 3353 defines independent contractor as "any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished."
Some of the factors used to determine whether a person is an employee or an independent contractor are as follows:
- Whether your employer has the right to control the manner and means of your performance;
- Whether your employer can discharge you at will, without cause;
- Whether you are engaged in an occupation or business that is distinct from your employer's;
- Whether the type of work you are performing is usually done under an employer's direction or by a specialist without supervision;
- The level of skill required to perform the service;
- Whether your employer provides you with tools and supplies;
- Where you perform your services;
- The length of time you are providing services for your employer;
- Whether you are paid by the amount of time spent or by completion of each task;
- Whether the work you are performing is a part of the regular business of your employer;
- Whether you and your employer believe you are creating an employer-employee relationship.
If you believe that you have been misclassified as an independent contractor by your employer, you may be entitled to additional benefits and compensation. Contact an employment attorney at Bracamontes & Vlasak today to discuss your legal rights.
