Articles Tagged with employer discrimination

Independent contractors are entitled to far fewer rights under California employment law than employees or in some cases even job applicants. In filing an employment lawsuit against a company, one must establish they are an employee or prospective employee.

But as our Los Angeles employment attorneys know well, misclassification of employees as independent contractors is rampant. It’s often left to the court’s to decide.

Recently, a California appellate court ordered a new trial in the case of a worker who was technically a temp agency employee, but who took on a supervisory position for five years at the shoe care manufacturing company with which the temp agency contracted. Although the temp agency cut her checks, it was the manufacturer that had the direction and control of her day-to-day work. This, the court ruled, made her an employee for purposes of relief for alleged discrimination and wrongful termination under California’s Fair Employment and Housing Act.

Independent Contractor v. Employee

There is no set definition of the term “independent contractor,” which is why courts and enforcement agencies are often asked to consider the fact pattern of each case where employment status is a possible issue. The Division of Labor Standards Enforcement begins with the presumption that a worker is an employee, but it is one that can be rebutted by the employer. Continue Reading ›