Independent Contractors And Overtime Pay

Under California labor law, you are either an independent contractor or hired as an employee. Employers, however, often will ignore California labor laws and misclassify employees as independent contractors so as not to provide overtime pay. What you may not know is that you may be entitled to additional compensation when you work more than eight hours per day, or 40 hours per week.

If you have been misclassified as an independent contractor and underpaid as a result of the misclassification, the attorneys at Gigliotti & Gigliotti, LLP can help protect your rights and obtain full and fair compensation for you. Complete our online contact form to schedule a free telephone consultation to discuss your case.

Employee Or Independent Contractor?

To ensure independent contractor status or classification, the following criteria, among others, must be met:

• The services performed are distinct from the reasons for the company’s existence.
• The worker supplies his own tools.
• The service performed requires a special skill set.
• The work is performed without supervision.

There are significant advantages to an employer in classifying an employee as an independent contractor. You may be denied benefits to which you are legally entitled. If you believe you are being wrongfully denied employment status by being classified as an independent contractor, we can help.



In addition to independent contractors, we have assisted many employees, including computer professionals and executives, to collect unpaid wages.

Call 949-305-8202 to schedule a free initial consultation.