Employee misclassification is a major violation of California labor law that happens far to often. The issue is whether a worker is an actual employee or an independent contractor. An employee works for an employer and is under the direct supervision of the employer, manager, or supervisor.
Employees are told how to do the job, and most if not all aspects of the job performance are governed by the employer. The employee also is entitled to benefits including health care and, if they work more than 40 hours in a pay week, are entitled to overtime assuming they are paid by the hour as opposed to being on salary. Continue reading