What is the law regarding subcontractors and overtime?

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What is the law regarding subcontractors and overtime?

I worked for a contractor and he claimed me as a subcontractor. I worked alot of over time which he always paid me straight time. I had to follow all employee rules. I was told when to punch in and out and was always told what to do. Never on a contract. How can I go about getting all that is owed to me since I think he was breaking the law.

Asked on December 21, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 8 years ago | Contributor

If you were wrongfully classified as an independent contractor instead of an employee entitled to overtime, meal and rest breaks, and other statutory requirements under the California Labor Code, you may pursue your rights in court or in front of the Labor Commissioner.   Please call (213-381-6557) or email me ([email protected]) if you would like to discuss the matter further.

All the best,

Aryeh Leichter


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