Employment Law Blog

August 03 Statutes of Limitations

The term “Statute of Limitations” refers to the length of time you must bring a lawsuit or otherwise file a claim for the wrongful act. One-Year Limit: Paystub Violations Two-Year Limit: Oral Contracts FLSA Claims (however, this time limit may be extended to three years for willful violations.) Three-Year Limit: Most common labor code violations […]

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August 03 Employee v Independent Contractor

Misclassification as Independent Contractor THE STATUTE Pursuant to California Labor Code Section 226.8, it is unlawful for an employer to willfully misclassify an employee as an independent contractor. “Willful misclassification” is defined as “voluntarily and knowingly misclassifying that individual as an independent contractor.” INCENTIVE TO MISCLASSIFY When employers misclassify their workers as independent contractors, they […]

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