Thank you for allowing me to assist you with your question.
Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.
Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.
There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!
The classification of Independent Contractor for your situation affects two different areas, first is the IRS and your personal income taxes and second is for minimum wage purposes for FSLA (min. wage act) under the Department of Labor.
It does appear that you are treated as an employee rather than an independent contractor and thus you may be eligible for the benefits that an employee of the company would have received. I would encourage you to seek an opinion of the DOL or the EEOC to find out if you are classified correctly.
You can file your complaitn at
However, please understand that California is an 'employment at will' state and you can be hired or fired for any reason or no reason other than for discriminatory reasons, so you may jeopardize your job if you push this, so I would use caution and diplomacy.
I wish you the best.
Thank you again for trusting us with your problem. Good luck and Godspeed.
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.
Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.