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How does California law protect me if I’m a part-time or contract worker?
California law extends many of the same workplace protections to part-time workers as it does to full-time employees. In contrast, contract workers, also known as independent contractors, generally have fewer rights under the law. A part-time employee is someone who works fewer hours than a full-time schedule, typically under 40 hours per week, though there is no fixed legal definition. Under California law, part-time workers are entitled to:
- Minimum wage and overtime: In addition to minimum wage, you are entitled to overtime pay if you work more than 8 hours in a day or 40 hours in a week.
- Meal and rest breaks: California labor law entitles you to meal and rest breaks, depending on how many hours you work in a day.
- Anti-discrimination protections: California’s Fair Employment and Housing Act protects all employees, regardless of full-time or part-time status, from discrimination, harassment and retaliation in the workplace.
- Sick leave: Part-time employees can accrue and use paid sick leave.
If you have been hired as an independent contractor, your legal protections are more limited. However, California has strong rules in place to prevent companies from misclassifying workers in order to avoid providing employee benefits and protections. The state passed AB 5 in 2019, a bill that establishes the three-pronged ABC test for determining whether a worker is really an independent contractor:
- The worker is not under the hiring entity’s direction and control in performing the work.
- The work performed falls outside the hiring entity’s usual scope of business.
- The worker regularly performs this type of work as part of an independent business or profession.
If all three parts of the test can’t be fulfilled, the employer should classify the worker as an employee entitled to all applicable wage and labor protections. Independent contractors still have important legal rights under California law. These include:
- The right to be free from discrimination and harassment.
- Protection from retaliation for reporting wage theft or unsafe working conditions.
- The right to enforce contract terms and seek proper, timely payment through legal channels.
Unfortunately, worker misclassification is increasingly common in today’s gig economy. In other cases, part-time workers or independent contractors may not realize they are entitled to workplace protections under California law.
If you suspect that your employer is wrongfully denying you labor protections or wages, the San Francisco employment lawyers at McCormack Law Firm can evaluate your situation to determine whether you have a legal claim. Contact us today for a free initial consultation.
Other Unpaid Wage, Overtime and Commissions FAQ:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Are There Specific Documents or Records Required to Prove Unpaid Commissions?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How does California law protect me if I’m a part-time or contract worker?
- How is overtime pay calculated in California?
- How Long Does My Employer Have to Pay Me My Commissions After They’re Due?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
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