In Companies, you can be classified as an employee, volunteer, or independent contractor. In addition to receiving timely payment, every worker in an organization has some rights that their employer must respect. One of the common rights for employees is the right to rest and meal breaks between their work schedules. The kind of treatment that workers receive at the workplace could affect their health and wellbeing. Unfortunately, under California labor laws, 1099 independent contractors do not have a right to rest and meal breaks.

These laws have caused many employers to misclassify some employees as independent contracts to avoid giving them meal and rest breaks. Forcing you to work when you are supposed to be on break could lower their production costs. If you feel your employer has wrongfully classified you as an independent contractor, you can file a worker’s compensation claim against them. The claim allows you to recover the wages you deserve and ensure that your employer does not violate your rights further. At The Workers Compensation Lawyer Law Firm, we offer legal guidance and representation for all our clients to battle a worker’s compensation claim in Los Angeles, CA.

What Are 1099 Independent Contractors

In California, workers are either classified as contractors or employees. Independent contractors are a legal classification for freelance workers who are paid using form 1099. As an independent contractor, you have freedom in when and how you perform your duties. Additionally, you can work for as many clients as you want, and the amount you receive for each task is priced according to your desires. Unlike employees who perform the duties assigned to them by an employer, a 1099 independent contractor can accept or decline a job, and their roles are not critical in the organization.

As an employee, you are tied to these aspects:

  • You work for a single organization at a time, and you perform your duties at the premises of your employer
  • You follow the specific rules and schedules provided by your employer
  • You are subject to supervision and directions from your employer
  • You perform tasks that benefit the business
  • You collect a salary or wages from your employer

Employees have a right to receive compensation regardless of whether the employer makes a profit from their business or not.

Under the Fair Labor Standards Act, no rules or tests are used to differentiate an employee and a contractor. However, these factors play a crucial role in determining the category where you rightfully belong:

  • The level of service you offer in the business
  • The permanency of your relationship with your employer
  • The nature of control of the leader on your role in the organization
  • Your opportunity for profit or loss from the business

The differences between an employee and an independent contractor are based not only on their tasks but also on their rights while performing their duties.

Rest Break Rights in California

Employers are legally responsible for permitting their employees to enjoy rest breaks between work shifts. A rest period is a ten-minute period within which the employee is not expected to work. During the rest breaks, an employee is entitled to payment. In addition to allowing a rest break, employers must provide a resting area or facility where employees spend their rest break time.

The number of breaks you need from your employer varies depending on the length of your shifts. In a four-hour shift, your employer must allow you a break. However, the break isn't necessary when your shift is shorter than three and a half hours. Generally, the number of breaks includes

  • One ten-minute break for a shift of up to fours. Mostly, this is necessary when you work for up to two hours during your shift.
  • Two ten-minute breaks for employees who work six-hour shifts
  • Three ten-minute breaks for ten-hour shifts

In addition to the specific time limits for the rest breaks, California labor laws require that employers allow these breaks during the middle of the shifts. When an employer fails to permit the proper rest breaks for an employee, they are considered violating the law and are subject to penalties. Employees can waive their rights to a rest break without any consequences. However, it is unlawful for employers to pressure their workers into waiving this right. If your employer classifies you as a 1099 independent contractor, you are entitled to a rest break.

Meal Breaks

California labor laws define meal breaks as an uninterrupted half-hour period employers are expected to provide their employees. When your employer allows you the meal break, you can use it for meals or running other errands outside the corporation. During the meal break, an employer must relieve you of all company-related duties. The law also prohibits employers from discouraging you from taking breaks.

The timing and number of meal breaks you deserve to vary depending on the nature of your work and the number of hours you work as follows:

  • If you work five hour-shifts or less, you do not legally deserve a meal break
  • You are entitled to one meal break for work shifts that exceed five hours
  • If you work a shift of more than ten hours, you deserve two meal breaks

Meal breaks must start during the fifth or tenth hour of your shift, depending on the number of hours you work. In providing these breaks, an employer has the following responsibilities:

  • Relieve you from all work-related duties
  • Relinquish control of all activities in which you partake
  • Permit employees to take uninterrupted breaks and use the time to their liking

If you work a shift that is less than six hours, you can waive your meal breaks in a mutual agreement with your employer. Coercion from an employer is a violation of your rights as an employee. You have a right to payment during the time you spend on a meal break.

On-Duty Meal Breaks

There are situations where an employer does not have a duty to relieve you from your work duties during a meal break. Although you must receive payment for these on-duty meal breaks, there is no penalty for an employer who denies them. Labor laws only allow these breaks when your work nature is sensitive, and a break from your duties can significantly impact the organization.

On-site Meal Breaks

Some jobs make it impossible for your employer to allow you a meal break. For example, if you work as a security guard, allowing you to leave the workstation could compromise the integrity of your job. If your employer requires you to remain in your work post during the meal breaks, they must offer an on-site meal break. You must agree to and have it in writing that you can receive payment instead of going on the break. If the paid meal break arrangement no longer suits you, you can seek to revoke it without your employer’s influence.

Who is Entitled to Rest and Meal Breaks in California?

Like overtime and wages laws, the meal and rest breaks do not apply to all workers. The most significant category of exempt workers is the white-collar exception workers who meet the following requirements:

  • Spend up to fifty percent of their time perfuming managerial tasks for the company
  • You exercise independence, discretion, or judgment when performing your duties
  • You make a salary that is at least two times the least wage allowed for full-time employment

However, it is vital to understand that these breaks do not apply to unionized employees whose offer for meal breaks is diverse.

1099 Independent Contractor Misclassification

It is not uncommon for employers to misclassify their employees as independent contractors to avoid giving them rest and meal breaks, among other benefits. If your employer has classified you as a 1099 independent contractor but performs duties as an employee, you are entitled to compensation. Some of the compensation you can include the wages you lost and time you worked during the breaks and for violating your rights.

If you work full time and perform tasks critical to the company, you should be classified as an employee and have the right to meal and rest breaks. California courts use the ABC test to determine whether you are an indecent contractor or an employee. The ABC test assumes that all workers are employees. However, when your employer gives you the freedom and independence to perform your duties, you become an independent contractor.

Sometimes, an employer may require you to sign a contract and express consent to act as an independent contractor in their business. When you sign the contract, you cannot assert your rights as an employee. Therefore, you cannot file a claim against your employer for not offering you rest and meal breaks. Understanding that 1099 independent contract agreements are invalid in the United States is essential. Therefore, The agreement does not affect your working relationship with your employer.

When your employer accidentally or intentionally misclassified you as an independent contractor. When you sign a contract agreement and perform employee duties, you can file the claim and argue it out in court. Several options are available to protect your rights after misclassification. You are entitled to payment for each rest or meal break you missed. If you did not receive the meal break or the payment, you can:

  • You can handle the misclassification informally with your employer
  • File a wage claim against your employer with the Division of Labor Standards Enforcement
  • File a wage and hour civil lawsuit against the employer

Most employers who misclassify their employees as independent contractors are motivated by the need to make more money and spend less on salaries. Therefore, it is likely that your employer will be unwilling to solve the dispute on rest and meal breaks. Filing a lawsuit may be the only option to obtain compensation for your meal breaks and have the issue sorted out.

Filing a Wage and Hour Claim

Filing necessary documents and having a legitimate claim is not enough to hold your employer accountable for violating your meal or rest breaks. Most employers will vehemently deny your claim and contest it too. Therefore, it is vital to proceed with your claim with the guidance of a skilled workers' Compensation Attorney. The following are steps you need to take when pursuing a wage and hour claim in California:

Choose the Most Effect Option for your Claim

If you desire to seek compensation for meal and rest breaks that your employer has denied you by wrongfully classifying you as a contractor, you need to choose the right type of claim carefully. When you file a wage and hour claim DLSE, the process is faster and more likely to yield a positive outcome. The DLSE often issues a summons for witnesses to show up for your hearing and asks your employer to provide the necessary documentation. While moving through your claim with the DLSE, seeking legal guidance is vital.

Prepare for your Claim

A wage and hour claim involves completing a DLSE Form 1 and submitting it to the DLSE in California. You cannot ask for a settlement associated with fraudulent business practices in your initial claim. The Labor laws do not cover fraudulent violations. Therefore, such a suit is settled in court. When filling out your DLSE form, you must indicate all your claims against your employer. Failure to include all the claims prevents you from recovering compensation in the future.

Gather Supporting Documentation

In addition to the DLSE form, it is easier for the DLSE to understand and solve your claim if you present additional documents. Some documents necessary to move your claim forward include copies of your employment contract and form 55, which indicate the specific meal and rest breaks that your employer denied.

The DLSE no longer accepts electronic claims. Therefore, you must submit the claim via email or in person at the DLSE offices. It is vital to understand that your initial claim must include an original signature. You can avoid delays in the process by submitting your claim to the nearest office, which deals with wage and hour disputes.

Once you have filed the initial report, the DLSE officials will assess the form you submitted to determine your merit for the claim. Thirty days following your initial claim, the DLSE will notify you of their intentions with you and your employer. If it is clear that your claim is credible, the DLSE schedules a settlement conference.

Settlement Conference

You and your employer will receive the notice of a scheduled settlement conference held within thirty days of the notice. During the conference, you and your employer will provide their account of events leading to the claim. The labor commissioner can suggest different options for settlement or decide that the claim needs to proceed to hear. If you wish to enter a settlement after the conference hearing, you must understand the conditions of the settlement. You should never sign any agreement with the guidance of a skilled attorney.

Notice For the Hearing

You can begin the formal complaint procedure if the DLSE does not resolve or dismiss your claim at a settlement hearing. The DLSE then schedules a Berman hearing where your employer notices the amount you seek as compensation for violating your rest and meal break rights. Within ten days of receiving the notice, your employer must give a response.

The hearing officer will only consider the factors that affect your claim at the Berman hearing. As the party with the burden of proof, you must present your evidence first. Although the Berman hearing is less formal than a lawsuit hearing, you must present all the necessary evidence.

Reviewing the Order

The hearing officer must accept or reject the relief within fifteen days of the Berman hearing. The order you receive after this hearing details the officer’s decision. If the order is in your favor, the penalties for the employer and your compensation are indicated.

However, if you are unhappy about the outcome, you can appeal the decision within ten days after receiving the order. Depending on the proof you presented to support the violations, the court of appeal decides on the final action. It is difficult for the appeal court to overturn the DLSE’s decision. Therefore, seeking the services of a skilled attorney is vital.

Damages Available from a Wage and Hour Lawsuit

When the negotiations with your employer and attempts to file the claim with the DLSE are unsuccessful, you can file a lawsuit with the court. The statute of limitations for a wage and hour claim in California is three years. Before you file a lawsuit against your employer, you must check if you are within the legal timeline. If the statute of limitations for your claim elapses, the court will not accept your claim. You must begin filing your claim when you have the relevant evidence required to prove a violation of your rest and meal breaks by your employer.

In addition to premium pay, the court can award you compensation following a successful wage and hour lawsuit. The amount you can recover from your lawsuit varies depending on the extent of the violations. If you prove that an employer intentionally misclassified you to avoid providing for your breaks, you can recover between $5,000 and $25,000 for each violation.

Other benefits that you may be entitled to in a successful lawsuit include:

  • Back wages for the hours you spent working instead of enjoying your meals or resting
  • Lost wages. Most employers are not pleased with an employee’s decision to report them to the DLSE or file a lawsuit against them. Therefore, you may lose your job for this action. If your employer terminated you for filing a claim, you are entitled to compensation for the lost wages.
  • Emotional or physical suffering. If your employer harassed or maltreated you for using them, you could claim compensation for pain and suffering. Emotional suffering can manifest in symptoms such as insomnia, anxiety, and other illnesses. A claim for pain and suffering forms a significant part of your worker’s compensation claim.
  • Punitive damages. Sometimes, the court could award punitive damages, which are aimed at punishing your employer for their disregard for your rights. Punitive damages can result in substantial judgment. However, proving these damages is challenging. Courts only award punitive damages when an employer oppresses you or acts maliciously.

As you claim compensation, you will require the documents to prove the violation. However, you are not obligated to keep the rest and meal break records. Even when unsure of where the violations have occurred, your worker’s compensation attorney can still help you recover your rightful compensation.

A wage and hour lawsuit ends in several months. However, it takes longer if your employer seeks to fight the claim.

Find a Skilled Workers Compensation Attorney Near Me

Many employees have a right to meal and rest breaks during their shift as stipulated by California labor laws. However, if your employer classifies you as a 1099 independent contractor, your role is not critical to their company, and you do not act on their behalf.

Therefore, independent contractors do not have similar rights for meal and rest breaks as other employees. Some employers seek to reduce company costs by classifying some employees as independent contractors to avoid giving them rest or meal breaks. If your employer hires you as an independent contractor, but you perform crucial tasks for the company, you may be a victim of misclassification. You can file a lawsuit against your employer on these bases and recover some compensation.

Employment law is challenging to understand. Therefore, as you file your claim, you must hire and retain the services of a reliable attorney. At The Workers Compensation Lawyer Law Firm, we will guide you through your lawsuit to prove that you deserve to rest and meal breaks and recover the rightful compensation in Los Angeles, CA. Contact us today at 424-501-9228 to discuss more details of your case.