The law firm of Audet & Partners, LLP represents individuals and class members in a variety of employee-side claims, ranging from discriminatory hiring, firing and pay, to whistleblower/qui tam rights, to complex employment related business litigation. Over the years, the firm has represented individuals in privacy, retaliation and similar claims, and has obtained significant class and individual payments to its clients. Whether a state court action or one involving federal law, the firm has the expertise and the resources to file and pursue claims against the largest corporations in the world.
Audet & Partners, LLP’s employment litigation section works on overtime, salary, unpaid wages and related claims, as well as privacy rights and other worker protection. Whether an individual claim or class action case, the attorneys Audet & Partner, LLP can review your case without charge and provide you with the legal advice you may need to protect your rights.
In addition, Audet & Partners, LLP is able to assert claims on behalf of employees under California’s Private Attorneys’ General Act (“PAGA”). In California, laws have been enacted that allow employees to sue employers for a wide range of employment-related legal violations. Employment-based lawsuits brought under the California Private Attorneys’ General Act are different from lawsuits in which an employee directly sues his or her employer. In a PAGA lawsuit, the employee is essentially stepping into the shoes of the California Attorney General to ensure fairness in the workplace. Because in PAGA lawsuits employees are basically acting as a “stand-in” for the Office of the Attorney General, these lawsuits may be brought in California even if an employee has signed a mandatory arbitration agreement that would otherwise prevent the employee from directly suing his or her employer.
If you believe you have been denied wages by your employer, you can contact Audet & Partners, LLP for a free, confidential case evaluation either by completing and submitting the inquiry form on the right side of this page or by giving us a call at (800) 965-1461.
Employment Law Update – July 2018
CALIFORNIA SUPREME COURT CLARIFIES THE RIGHTS OF ‘EMPLOYEES’ AND WHAT AN EMPLOYEE IS UNDER CALIFORNIA LAW
WITH THE CLASSIFICATION BY EMPLOYERS IN CERTAIN AREAS AS ‘INDEPENDENT CONTRACTORS’ OVER THE PAST TWENTY YEARS AS A MEANS TO REDUCE THE RIGHTS AND PAY OF THE WORKERS, THE CALIFORNIA SUPREME COURT HAS RECENTLY ISSUED AN EXCELLENT DECISION THAT CLARIFIES WHAT AN EMPLOYEE IS AND PLACES THE BURDEN ON THE EMPLOYER TO SHOW THAT WORKER IS NOT AN EMPLOYEE.
In Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, S222732 (Cal. Apr. 30, 2018), the court made clear that the standard for establishing “independent contractor” status has been raised.
In Dynamex the supreme court found that workers are presumed to be employees for the purpose of all California’s wage orders unless the hiring entity can establish otherwise under the so-called “ABC” test. Under this test, a worker may be classified as an independent contractor if an only if the hiring entity establishes that:
- The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; AND
- The worker performs work that is outside the usual course of the hiring entity’s business; AND
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity
If the hiring entity cannot establish all factors, the worker will be considered an employee.
Audet & Partners, LLP has been on the forefront of protecting workers rights, and if you currently work for an entity that claims you are an independent contractor, you should contact our firm immediately to allow us to determine what rights you have and what you may be owed in terms of wages and other rights.
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