Palay & Hefelfinger, APC

We have been getting a LOT of calls from current and former Ecolab territory manager employees about some of our current cases. If you are a TM and have questions, please do not hesitate to contact our staff or attorneys at (805) 628-8220. Thanks!

Know your rights in the workplace. Learn about wrongful termination on our blog.

The Gig is Up A 2018 California Supreme Court decision may make it harder for employers to call you (and pay you like) a contractor. What differentiates an inde...pendent contractor from an employee? The answer to that question has always been a bit unclear, tempting employers to err on the side of the cost-savings strategy of classifying workers as contractors. Recently, though, the California Supreme Court clarified the difference, leading to the collective gnashing of teeth and stomping of feet of business owners, who had previously benefitted from misclassifying their workforces. In the case of Dynamex Operations West v. Superior Court, the California Supreme Court ruled that a worker is an employee if his or her job is central to a company’s core business, or if supervisors direct how work is completed. People working as app-based drivers, hairstylists, security guards, salespersons, instructors, strippers, and truck drivers have, historically, been classified as contractors. Now, the law requires them to be reclassified, accurately, as employees. Many employers bemoan the switch, because it means they must provide health benefits (in cases where there are 50 or more employees), pay Medicare and social securities taxes, provide meal breaks and overtime pay, and comply with laws regarding unionization, sick and maternity leave, disability accommodation, discrimination, harassment, and worker’s compensation. They claim that correctly classifying employees will lead to higher consumer prices, layoffs, and salary reductions. Worker’s rights advocates applaud the ruling for its pushback against the so-called gig economy that leaves many without basic benefits, and point out that true employees are better protected than their contractor peers in almost every regard. If you are concerned that you may have been, or are currently, misclassified as an independent contractor, you should contact an employment law attorney. He or she can determine if any misclassification occurred, and how to proceed with the case. Palay Hefelfinger, APC can be reached at (805) 628-8220 Standing up for your rights in the workplace is not only good for you; it’s good for workers everywhere. -Brian

Recently, the US Supreme Court reversed the Ninth Circuit and decided it would permit employee arbitration agreements which waive workers’ class and collective action rights. But, is this a case of be careful what you wish for? An interesting read pertaining to Chipotle wage/hour litigation

Many workers in California are misclassified as "independent contractors," when the law actually regards them as employees who should receive wage and overtime protections, insurance, and other benefits. This recent decision will make it easier for misclassified workers to obtain relief - contact Palay Hefelfinger APC if you have questions about independent contractor misclassification!

Is it fair for employers to force employees to waive important legal rights, such as the right to a jury trial or to bring a class action where many, many employees suffer the same wrong? The Supreme Court will weigh in on this important issue this term.

The California Supreme Court rules that employee rest breaks must be completely duty-free and not subject to any employer control. The penalty for a violation would be an additional hour of pay. Contact Palay Hefelfinger APC for any concerns!

Wage and hour violations are more prevalent than you might think -- overtime pay, meal breaks, final pay -- it can happen even at the "best" companies! Contact Palay Hefelfinger APC (http://www.calemploymentcounsel.com/) if you believe you are not being paid correctly.