In April 2019, the California Labor Commissioner ruled in favor of truck drivers who were classified as independent contractors instead of employees by a trucking company operating at the Port of Long Beach. The Labor Commissioner found that the truckers were indeed employees and thus entitled to labor protections and compensation. Through this groundbreaking employment misclassification suit, truck drivers in Long Beach now have newfound opportunities to pursue.
The case involved a trucking company called Pacific 9 Transportation, which hired truck drivers to transport goods from the Port of Long Beach to warehouses and distribution centers in the area. The company had classified the drivers as independent contractors, arguing that they were not employees under California law. However, the drivers filed a complaint with the Labor Commissioner, claiming that they were in fact employees and entitled to the protections afforded to employees under California law.
Labor Commissioner Results Over Misclassified Independent Contractors
After investigating the matter, the Labor Commissioner agreed with the drivers and found that they were misclassified as independent contractors. In its ruling, the Labor Commissioner noted that the drivers were economically dependent on Pacific 9 Transportation and that the company exerted significant control over the drivers’ work schedules, routes, and other aspects of their work. As a result, the Labor Commissioner ordered Pacific 9 Transportation to pay the drivers over $7 million in compensation for unpaid wages, expenses, and other damages.
The ruling, in this case, highlights the importance of properly classifying workers under California law, and the potential consequences of misclassifying workers as independent contractors. Employers who misclassify workers may be liable for significant damages, including unpaid wages, overtime, meal and rest breaks, and other benefits that employees are entitled to under California law.
It is important for employers to understand the distinctions between independent contractors and employees, and to ensure that they are complying with California law when classifying their workers. In general, employees are entitled to more protections and benefits than independent contractors, including minimum wage, overtime pay, workers’ compensation insurance, and other benefits. Independent contractors, on the other hand, are generally responsible for their own expenses and taxes and have greater control over their work schedules and other aspects of their work.
In conclusion, the ruling in the Pacific 9 Transportation case serves as a cautionary tale for employers who may be misclassifying workers as independent contractors. Employers who are uncertain about how to classify their workers under California law should seek guidance from an experienced employment law attorney. Similarly, workers who believe they have been misclassified should consult with an attorney to discuss their legal options and potential remedies. By understanding the nuances of California employment law and properly classifying workers, employers and workers alike can avoid legal disputes and ensure a fair and equitable workplace for all.
The Importance of Working with a Lawyer for Employment Misclassification
If you feel that you have been misclassified by your employer, it is important to seek the help of a qualified employment lawyer. Employment misclassification can have serious consequences on your rights, compensation, and benefits. A lawyer can help you understand your rights and guide you through the legal process to seek the compensation and justice you deserve.
An experienced employment lawyer can help you determine if you are indeed misclassified and identify the specific laws that have been violated. They can also help you build a strong case by collecting evidence, interviewing witnesses, and negotiating with your employer. In some cases, litigation may be necessary, and your lawyer will represent you in court and fight for your rights.
It is important to choose a lawyer who has extensive experience in employment law and specifically in handling misclassification cases. Kirakosian Law is a law firm that specializes in employment law and has helped many people with situations just like this. The firm is led by Greg Kirakosian, an experienced and highly skilled attorney who is well-known for his advocacy in the employment law field.
Mr. Kirakosian has been featured on TV and in publications across the internet for his work in advocating for the underdogs against insurers, the state, the city and mega-corporations. He has a track record of success in representing clients in employment misclassification cases and has recovered compensation for his clients.
In addition to his legal expertise, Mr. Kirakosian and his team are committed to providing compassionate and personalized service to each of their clients. They understand the emotional and financial toll that employment misclassification can have on individuals and their families and are dedicated to fighting for justice on their behalf.
If you believe you have been misclassified by your employer, do not hesitate to contact Kirakosian Law for a free consultation. The firm has the knowledge, experience, and resources to help you navigate the legal process and seek the compensation you deserve.