Hello I am an LVN working for a nursing registry under. 1099-Misc forum ,as a private duty nurse . I work 12hour shifts, 4 consecutive days per week, x2yrs with the same client. Am I entitiled to recieve time and a half. They also hire caregivers and Cna workers but they are under W2 forums and they just now started paying them time and a half this past January 2015.
If you are properly classified as a 1099'ed independent contractor, you would not be entitled to overtime pay. The fact that you are classified and paid as an independent contractor, however, does not make you one under the law. You should certainly speak with a employment attorney to determine if you are being misclassified. If so, you are entitled to compensation under various California and federal labor code statutes, including, but not limited to, overtime pay.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
While being a health careworker allows employers extra flexibility in scheduling without having to pay overtime, if you are an employee you would be entitled to overtime pay after 40 hours per week.
You should speak with a knowledge employment lawyer about whether you have been misclassified and your overtime rights. Most provide free consultations.
FOr more information on how to determine if you should be classified as an employee or an independent contractor go to:
http://www.dir.ca.gov/dlse/faq_independentcontractor.htm
Craig Trent ByrnesWrongful Termination LawyerManhattan Beach, CA ·
Independent contractors would not be owed overtime unless their contract calls for it. Employess are owed overtime.
California is very protective of its workers, and assumes that workers are employees, not independent contractors. The burden is on the employer claiming that the worker is an independent contractor to prove it.
The mere fact that they call you an IC doesn't make it true. California looks at a number of factors, the primary one being the level of control that the company has over its workers. The more control the company has, the more the worker looks like an employee and not an IC.
In addition to the overtime, interest, and substantial penalties, California recently enacted a law including additional penalties for the willful misclassification of employees as ICs.
If you believe that your rights have been violated, and you decide that you want to take action, make sure to do so within your statute of limitations period or your rights may be lost forever.
I hope this information is helpful to you.
Sincerely,
Craig T. Byrnes
