worker misclassification lawyer

San Francisco Lawsuit Accuses Cleaning Company of Misclassifying Workers

Changes to California labor law in recent years have raised questions about the way gig economy companies classify their workers. Many of them have business models that rely on independent contractors.

Handy Technologies Inc. is one such app-based company that uses independent contractors. The business enables clients to schedule home cleaning and repair services. Two district attorneys from San Francisco and Los Angeles are suing the company for allegedly misclassifying thousands of California workers as independent contractors.

According to the lawsuit filed in San Francisco County Superior Court, Handy did not pay workers minimum wage, overtime, sick pay and reimbursements for job-related expenses. The lawsuit pointed out that the company does not meet the three requirements necessary to classify workers as independent contractors under state law.

The California Supreme Court established a standard, known as the ABC test, for determining a worker’s employment status. To classify workers as independent contractors, a company must show it does not have direct control over workers, the work falls outside the company’s usual scope of business, and the worker is “customarily engaged in an independently established trade.”

Handy allegedly used an app to monitor workers for several hours before and after their scheduled shifts, thereby having direct control over them. The company also fined workers if they arrived late to assignments or left early. The district attorneys are seeking a court order that requires Handy to pay civil penaltiesclassify workers as employees and provide restitution for unpaid wages.

If you suspect you have been misclassified as an independent contractor in the San Francisco Bay Area, reach out to the qualified employment lawyers at McCormack Law Firm. We are dedicated to protecting workers’ rights and can help you make sense of the complicated laws surrounding the gig economy.

Read more

gender discrimination lawyer

Can California Employees Be Legally Fired For Not Conforming to Gender Stereotypes?

Your employer cannot fire you because they believe you do not fit within what they consider to be an acceptable stereotype. However, that does not necessarily stop employers. According to the National…

wrongful termination attorney

Nurse Sues Hospital For Wrongful Termination After Complaining About COVID-19 Safety

A registered nurse filed a wrongful termination lawsuit against his employer, saying he was fired last spring after expressing concerns about the hospital’s neglect of COVID-19 safety protocols. Firing an employee in…

unpaid overtime lawyer

Wage Lawsuit Accuses Mortgage Company Of Unlawful Pay Practices

A common myth is that all commissioned employees can work unlimited hours without being paid overtime. While employees may not fully understand when they are entitled to overtime, sometimes employers themselves are…

racial discrimination lawyer

San Francisco Transit Worker Claims Racial Harassment by Purported KKK Members

An Afro-Mexican man alleged that three of his coworkers on a San Francisco transit job site harassed him and refused to work with non-white employees. He was fired after complaining to his…