Unlike independent contractors, nonexempt employee drivers are entitled to benefits such as overtime and rest breaks. Despite the recent ruling by the labor commissioner, Uber drivers should be classified as independent contractors. It is important to understand that this single ruling may be persuasive to other courts, but is not binding. Before Uber drivers rush to the courthouse to collect for unpaid overtime and other benefits, it may be wise to wait to see how the superior court rules.
So often I receive calls from clients who believe they were wrongfully terminated and then spend the next 10 minutes (or more) explaining to me how awful their hours were, how awful their employer was, how mean their coworkers were, and how much misery they have spent the last X amount of time enduring. If I am feeling bold, I respond with "congratulations! You never have to deal with that job again!" The point is, that sometimes it's okay to get fired. Sometimes it's a blessing to be welcomed. So, if you've been fired, set aside your ego for a moment and focus on the benefits of losing your job -- especially one that made you miserable.
As of January 1, 2015, new paid sick leave law became in effect in California. However, the right to accrue and take sick leave under this law does not begin until July 1, 2015.
When you lose – or are forced to quit – your job in California, unemployment insurance benefits are typically available to you. Employers, however, often wrongfully deny employees these benefits. Sometimes intentionally and sometimes the employers simply do not understand the law.
Clients often need to decide whether signing a severance agreement is "worth it." T.Burd Law Group attorneys can review your severance agreement for a flat fee. The consultation involves reviewing the agreement and explaining to you its important provisions. Additionally, we discuss problems that existed at your employment and whether those problems are sufficient reasons not to sign the agreement. Sometimes, those problems may not be strong enough for a law suit, but can be used to negotiate a higher severance. We also offer tips on How to Negotiate an Employment Severance Agreement.