Legal Question in Employment Law in California

Is it legal for a company to have someone on the job 12-15 hrs without pay even though there an independent contractor. My girlfriend works for mal-care enterprise as a door to door canvasser. In 7 days 90 + hours. Age will only be getting a 4 - 5 hundred dollar check. Is there anything that can be done about this? They also don't pay her on days they are supposed to get paid and don't get their check til they get back around 11 at night. They also require her to work 7 days a week all month


Asked on 3/04/12, 10:20 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

An 'independent contractor' is entitled to be paid per his contract, whether hourly, flat rate, commission, etc. He is NOT an employee protected by the Labor Code or Wage And Hour rules.

However, few people can be properly classified as 'independent contractor'. It sounds like she is actually an employee, under the control of the employer for hours, duties, attendance, performance, etc. If so, then she would be entitled to be paid hourly, with OT for over 8/40. If really an employee, she could file a lawsuit. She would be entitled to unpaid wages and OT, interest, penalties and if she wins at trial, to recovery of her attorney fees. The penalties and interest 'add up' quickly and make the claim worth pursuing. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 3/04/12, 4:20 pm


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