Attorneys in California on Employee Vs. Independent Contractor

Both California and Federal laws have very strict standards and requirements for classifying an employee versus an independent contractor. Attorneys in California know a key determining factor is how much the work is controlled by an employer or company receiving the final product of labor performed. Generally speaking, a worker is an employee when an employer has control over where and how the work is performed.

However, in the movie and entertainment industry, civil attorneys in Los Angeles are keen on the fact that sometimes the lines between classifying a worker as an employee or independent contractor are blurred by the nature of the film and TV industry itself. Aside from that, recent labor and employment laws and court rulings complicates this further, making it very difficult for businesses, which is exactly why expert help from a civil attorney is absolutely necessary.

Expressing that you do not know the laws will not be accepted as a legitimate reason by a Los Angeles Court or Federal Court. It is vital to be aware of current legislation on labor and employment laws, and contracts.

Independent Contractor Agreements are Civil Contracts

An independent contractor agreement is a contract. Contracts are for many businesses, especially for film and television types, the bread and butter and can either make or break a successful venture. If not made correctly, parts or clauses or even the whole contract can also be litigated against easily by a civil attorney. Contracts not made with the help of a civil attorney are easily distinguishable by other lawyers, as they will quickly recognize the misuse of structure and language and missing legalese.

"Work for Hire" Independent Contractor Agreements

A contract must meet certain requirements for it to be legally binding. In the entertainment industry, top civil attorneys know that "work for hire" contracts are dangerous minefields to walk carefully on. According to California laws, transferring rights to a work, even when signed as a "work for hire" independent contractor agreement, makes the worker a statutory employee. An assignment of copyright will also cause a 5-year window, which is between 35 to 40 years later, wherein the author can terminate the assignment and get the rights back.

The fact is that California and Federal government agencies have become very stringent on the way businesses, including the film and entertainment industry, classifies employees and independent contractors. Civil attorneys in California are experiencing an influx of employment cases because of targeted efforts by law enforcement.

Leyes de California de Trabajo para Ilegales

California laws on work and employment en Espanol:

Si usted es un inmigrante ilegal o no eres ciudadano, a pesar de todo estas protegido por las leyes de salario mínimo y horas en California. Abogados civiles saben que las preguntas sobre su estatus migratorio o de ciudadanía no se pueden introducir en litigio y no se puede ser parte de la conversación en corte.

Las leyes de California dictan los inmigrantes ilegales , los que no son ciudadanos y los trabajadores indocumentados tienen derecho a

• Se pagará el salario mínimo
• Se pagará por las horas extraordinarias. Horas extraordinarias son horas trabajadas en exceso de 40 por semana or horas trabajadas en exceso de 8 por dia.
• Obtener la hora para almuerzo or comer. Un empleado que trabaja más de 5 horas al día se debe dar un descanso para comer o almuerzo  no inferior a 30 minutos. Un segundo período de descanso para comer o almuerzo de no menos de 30 minutos se debe si un empleado trabaja más de 10 horas al día .
• Obtenga requiere descansos . Un empleado tiene derecho al menos diez minutos consecutivos de descanso por cada período de trabajo de cuatro horas del día.
• Por no pagar los uniformes o herramientas utilizadas en el trabajo. El empleador (jefe) debe pagar por todos los uniformes y las herramientas o instrumentos  que se requieren o se deben utilizar para realizar el trabajo .

Si usted es un inmigrante, que no es ciudadano ilegal o indocumentado y te gustaría saber cuáles son sus derechos y las leyes de California, hable con un abogado civil, que puede responder a estas preguntas para usted. Abogados civiles en California no le cobrará una cuota por adelantado, ya que sólo tendrán un porcentaje de lo que ganan para usted en salarios no pagados, horas extras, comidas y descansos, almuerzo y descanso que no recibites en su trabajo actual o en el pasado. Abogados en California tambien te pueden ganar mas dinero solo por que el empleador violo la ley y tiene que pagar las penalizaciones y multas.

California Laws on Working and Employment for Illegal Immigrants

Whether you are an illegal immigrant or a non-citizen, you are still protected by minimum wage and hour laws in California. Civil lawyers know that questions about immigration or citizenship status cannot be entered into litigation and are cannot be part of the conversation in a court room.

California laws dictate illegal immigrants, non-citizens, and undocumented workers have the right to:

• Be paid minimum wage
• Be paid for overtime
• Get required meal or lunch breaks. An employee that works over 5 hours a day should be given a meal or lunch break not less than 30 minutes. A second meal period of not less than 30 minutes must be provided if an employee works more than 10 hours a day. The meal period may only be waived by mutual consent of both parties. However, know that the burden of proof is owned by the employer and thus the employer must prove there was mutual consent if in fact a meal or lunch break is waived.
• Get required rest breaks. An employee is entitled to ten consecutive minutes of rest for each four hour work period. The Division of Labor Standards Enforcement considers anything more than two hours a "major fraction" of four.
• Not to pay for uniforms or tools used at work. The employer (boss) must pay for all uniforms and tools that are required or must be used to perform the job or work.

If you are an illegal immigrant, non-citizen, or undocumented worker and would like to know what your rights and California laws are, speak to a civil attorney who can answer these questions for you. Civil lawyers in California will not charge you a fee upfront, as they will only take a percentage of what they win for you in unpaid wages, overtime, meal and lunch breaks, and rest periods at your present or past job.

Getting Paid on-Call? Attorneys Say It Depends on These Factors…

Getting paid when you're on-call really depends on the amount of control a company has over you while on-call, say top civil attorneys. A recent California court ruling, Mendiola v. CPS Security Solutions, Inc., clarified how on-call work should be paid or not. Employees in this case were suing the employer for hours in which they were on call. The civil attorneys representing the employees had a strong case because  the employees did not have the freedoms of a worker who is off-duty when on-call.

This employment wage and hour labor case affirms that on-call employees are paid when there are significant restrictions on the employee. Specifically, the California court judge reviewed this employment case for getting paid while on-call against several factors.

California civil attorneys advise on-call employees should get paid when these factors are meant:

• On-premises living requirement
• Excessive geographical restrictions on employee's movements
• Frequency of calls is excessively restrictive
• Fixed time limit for response
• Cannot easily trade on-call responsibilities
• Use of pager, walkie talkie, or cellphone is restrictive
• Inherent restrictions in personal activities because of on-call status

The best civil attorneys know that when an employer places restrictions over the employee that don't allow for engagement in normal life activities, it is very likely the employer will have to pay the employee for all hours worked, including overtime. However, an employer that requires the on-call employee to work 24 hours but provides a comfortable place to sleep and the worker receives an uninterrupted period of 8 hours, presumably for sleep, the employer can deduct 8 hours out of the 24 hour work day. The employee should get paid for the remaining 16 hours, regardless of whether the employee is performing job duties. Attorneys say that requiring an employee to be at a work site in most instances is sufficient enough to be considered work. Though it is best to consult with a civil attorney as there are different circumstances where this does not apply.. A civil lawyer can best counsel you on how California and federal laws apply to your individual situation.

If you are an employer with on-call employees determining pay for on-call can be complicated as California and federal laws regarding paid wages for on-call hours worked differ but only slightly. You need civil attorneys in California to minimize the risks of very costly litigation and be sure you are in compliance with labor and employment laws.

Independent Contractor Rights in California Will Get More Attention

The rights of independent contractors will get more attention as the 2014 health care reform requirements swing into action, top civil attorneys anticipate. Both federal and state governments are intensifying their crackdown on worker misclassification, as the cost of lost employment tax revenues are in the billions. Civil attorneys in California say that, in the past, employers misclassified workers to not pay overtime, skip giving appropriate rest and meal breaks, not pay taxes, and not be liable for workers' injuries among other things.

Civil attorneys say we may see an increase in employers misclassifying employees as independent contractors in an effort to avoid paying new mandatory health insurance coverage for their employees. Under the new health care reform, employers with at least 50 full-time equivalent employees must pay at least the minimum level of health insurance coverage.

Industries most likely to violate independent contractor rights:

• Construction workers
• Cable installers
• Cleaning workers
• Maids
• Security guards
• Vehicle and truck drivers
• Manicurists
• Technology and IT workers
• Carpenters
• Electricians

The best civil attorneys say that many companies misclassify their employees as independent contractors even before "hiring" them. Some companies will call them "temporary" employees or will tell them they are "part-time" employees and hire them as misclassified independent contractors until their initial term has been completed. However, civil attorneys know this practice is unlawful and companies are exposing themselves to a very costly lawsuit.

In California, new laws went into effect recently that penalizes companies of up to $25,000, in addition to paying owed back wages (including overtime pay), taxes, IRS and federal penalties and fines, attorneys' fees and more. The new healthcare laws rolling out in 2014 will also impose penalties for failing to pay health insurance coverage. If a small employer is found by the IRS to be misclassifying workers and then the business becomes a large employer and subject to providing health insurance coverage, penalties and fines will have to be paid for each employee.

The facts are clear, if you are a business and have any number of independent contractor agreements, it is vital you get the expert help from a civil attorney in California. As an employer, you need to know what your rights are and what independent contractor rights exist to protect your interests from very costly litigation.

Know that new California laws also require that when you have violated independent contractor rights and have misclassified employees you must post on the company website or prominent public that you violated the law and have "changed your ways."

Do not risk the public scrutiny of the new laws, high cost of a civil lawsuit, penalties, fines, interest, and your business, get a California civil attorney with expertise in employment and labor laws and contracts.

Employee Time Rounding For Hours Worked is OK?

Well, sort of...in a recent California court decision, See's Candy Shops, Inc. v. Superior Court, the court ruled that applying federal employment law in time rounding to employee's hours by employers is okay as long as it is neutral. Lawyers representing See's established that they round up as much as they round down. See's civil lawyers had an expert witness, a labor economist and statistician, analyze the employee data and Dr. Ali Saad concluded a statistical average on time rounding did not benefit either the employee or employer.

The civil attorneys, representing the plaintiff, also had an expert witness who had not separated out the grace period time in his calculations. See's grace period allowed employees to clock in early. See's civil lawyers affirmed it was company policy that employees were allowed to clock in early but were not required to work and if they did were required to alert their supervisor for appropriate time adjustments to be applied to their wages. Attorneys representing the employee class action claimed See's owed the employees $1.4 million dollars however they failed in taking account company policy on grace periods.

This employment law case clearly illustrates that without the proper direction of a lawyer, even the best expert can slip a case and cause the whole case to err and lose.

Top civil lawyers from LibertyBell Law Group know how important it is to thoroughly investigate a case and cover all corners and sides to win. Our civil lawyers work with top experts in an extensive array of industries and backgrounds. It is not enough to simply use experts, ultimately our attorneys know how to develop a strategy that wins and employ experts that support the strategy. Our civil lawyers in California use top experts and investigators for wage and hour, overtime pay, personal injury, landlord-tenant, and many other types of cases.