New Bill Will Affect How Employers Classify Workers
California lawmakers have traditionally been in the front lines of protecting workers. However, it is has been hard to keep up with the rapidly-changing economy, particularly the area known as the “gig economy.” This type of work is not new. We have always had independent contractors. What is new, however, is the vast number of workers who are considered independent contractors who are actually doing the work of employees. At the Azadian Law Group, PC, our Los Angeles wage and hour attorneys want to talk about a new bill that seeks to change this practice.
Employers are responsible for certain elements
When employers hire someone, they are responsible for ensuring the worker is paid a fair wage, that they are paid overtime when it occurs, and that they have workers’ compensation insurance if they are injured. The employer is also responsible for paying payroll taxes on the employee. Being an employee means that a worker has the right to a safe workplace and one free from discrimination and harassment.
However, employers can avoid most of that if they simply classify an employee as an “independent contractor.”
Think of those who work for Uber and Lyft, as well as those who work in the tech industry. Over the last decade, the “gig economy” has exploded, and employers have managed to avoid the major expenses of having an official employee. That left millions of workers unprotected.
Assembly Bill 5 will change that. As of this writing, the bill has passed the state Senate and Assembly, and Gov. Newsom is expected to sign it into law. This bill, which would go into effect on January 1, will force many employers to designate workers as employees instead of independent contractors if they:
- Exert control over how the worker performs their tasks
- If their work is part of a company’s regular business
For example, It is perfectly fine for a “mom and pop” hardware store to call an independent contractor in to fix a leak in their store’s bathroom. However, it would not be okay for a plumbing business to hire an independent contracting plumber to go out on calls for the business.
This bill could reshape how many other states treat independent contractors. Fair wages and worker protections could be on the way for millions of workers.
It is time to move your case forward
If you think you have been mistreated regarding your employment classification of your wages, please seek legal assistance as soon as possible. At the Azadian Law Group, PC, we believe that all workers should be treated fairly by their employers. We will investigate your case and get to work securing the compensation you deserve. This can include:
- Any unpaid wages
- Interest on those unpaid wages
- A waiting time penalty
- Court costs and legal fees
When you need a Los Angeles wage and hour attorney, you can contact us for a free consultation by calling us at 213-229-9031.
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Who We Represent
At Azadian Law Group, we are dedicated to upholding the rights and interests of employees in the workplace. Our expertise in employment law positions us as staunch advocates for those facing unjust treatment in their professional environments.
Whether combating workplace discrimination, addressing unfair termination, or negotiating equitable compensation, our team is committed to ensuring that every employee we represent is treated fairly and respectfully under the law.
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