LAWYER FOR INDEPENDENT CONTRACTORS
The California Supreme Court in Dynamex Operations v. Superior Court made it even more difficult for an employer to misclassify a worker as an independent contractor. Even before this opinion, when these matters came before the IRS, more than 80% of the time the IRS determined the worker was misclassified as an independent contractor and should have been paid as an employee. California lawsuits involving whether somebody is an employee or independent contractor rarely have decided somebody was an independent contractor.
In order for a person to be legally classified as an independent contractor their employer must prove:
- The worker is free from the control of the hiring entity in the performance of the work done;
- The worker does work that is outside the hirer's normal business;
- The worker is customarily engaged in a business independent from the hirer's, and the worker is doing work for the hirer similar to that done in the worker's regular business
California is a leader in offering protection to workers based on sexual orientation. If you feel that you have experienced harassment or discrimination in the workplace because you are gay, lesbian, bisexual, transsexual or transvestite, you may be entitled to compensation.
Protecting Workers From Discrimination and Harassment
Discrimination based on sexual orientation can take many forms, from failure to promote to wrongful termination. Harassment is different from discrimination in that it involves offensive comments or touching. Both types of conduct are illegal in the workplace under the California Fair Employment and Housing Act (FEHA). Male on male conduct can be sexual harassment. So can female on female
Discrimination and harassment can work both ways. If your boss is gay or lesbian and harasses you because you are straight, you may have a claim against your employer. Likewise, employees who want to turn you straight may be liable for sexual harassment orientation.
You do not have to put up with harassment or discrimination in the workplace. Your employer has a duty to investigate sexual orientation harassment and discrimination claims and could be found liable if it fails to do so. It is also illegal for your employer to retaliate against you for reporting harassment or discrimination, or for supporting another's claim.
To speak to our sexual orientation lawyers, call (661) 412-9600 toll free. We handle all employment law cases on a contingency fee basis with no upfront costs. Se habla español.
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Bakersfield County
We have proudly served all of Bakersfield County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
KABC
Talk Radio 790
WAVE
The Wave 94.7
CBS 8 SD
Employment Law TV
Daily Journal
Fortune
Magazine
Fox News
New York Magazine
Newsweek
Magazine
The Recorder
Sacramento Bee
SHRM
HR Magazine
WSJ
The Wall Street Journal
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Los Angeles
Orange County
Riverside
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Bernardino
San Diego
San Francisco
524 Union St, #400,
San Francisco CA 94133
San Jose
Sherman Oaks
Torrance
Ventura
Additional Sites
BostonLaborLaw.com
DcLaborAttorney.com
FresnoEmployeeLawyer.com
JobLawyer.net
MarylandLaborAttorney.com
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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