Often employees in California are not paid overtime wages because their employer illegally classifies them as an independent contractor. However, just calling someone an independent contractor does not make it so. If you have been misclassified as an independent contractor by your employer they may owe you overtime.
In deciding whether your are an independent contractor ask yourself the following questions:
- Does the employer provide the tools for the job?
- Do you work at your employer's place of business?
- Does the employer set the work hours?
- Does the employer closely supervise your work?
- Are you paid by the hour instead of by the job?
- Is the job to be performed for a long period of time?
- Is it a permanent working relationship?
- Is the employer your only source of income?
The more of these questions that you answered YES to the more likely it is that you are entitled to overtime pay because you were misclassified as an independent contractor.
“Employee are those who as a matter of economic reality are dependent upon the business to which they render service.” Real v. Dirscoll Strawberry Associates, 603 F.2d 748, 754.
As a final note it does not matter whether you are paid without payroll deductions and with your income reported on a 1099 rather than a W-2. Even people paid with a 1099 can be employees entitled to overtime. DLSE Enforcement Policies and Interpretations Manual 28.3.3.5. Toyota Motor Sales v. Superior Court (1990) 220 Cal.App.3d 864, 877.
If you think you might be owed overtime wages you should consult with a qualified expert employment, labor or overtime lawyer immediately. Strassburg, Gilmore & Wei, LLP has a team of lawyers who practice in overtime wages, labor law and employment law. We are employment lawyers who can help clients in Los Angeles County, Riverside County, San Bernardino County, Ventura County and Orange County. We have employment and overtime lawyers who handle cases in Pasadena, Los Angeles, Glendale, Burbank, San Gabriel, Arcadia, Alhambra, El Monte Pomona, Whittier, Compton, East Los Angeles, West Los Angeles, Van Nuys, San Fernando and Norwalk.