Demand to be paid as an employee.
In California there is now a presumption that most independent contractors should be treated as employees. This settlement demand seeks payment for the violation of various labor codes associated with the wrongful misclassification workers as 1099 independent contractors, instead of hourly employees. The distinction is crucial since unlike independent contractors, hourly employees in California are entitled to minimum wage, overtime, expense reimbursement, meal and rest breaks, and other employee rights and protections.
The letter includes the California labor codes which may have been violated, and provides a way to total up what you are owed and make a reasonable demand for payment.
BEST USE OF THIS FORM:
This letter is best used by those in the "gig" economy and other independent contractors who do not have the requisite amount of discretion at work to be deemed exempt from overtime. The form provides the "ABC test" for you to show whether it is proper or not for you to be paid only as an independent contractor. The demand letter provides a means by which you can total up your unpaid hours, unpaid overtime, reimbursed expenses (such as mileage), and other money and penalties which may be owed to as a misclassified independent contractor in California.
OTHER FORMS YOU CAN USE WITH THIS FORM:
A My Job Claim.com Settlement Demand for Wages, Overtime and Penalties is made even stronger if it follows the filing of a My Job Claim.com PAGA Complaint with the LWDA. The employer must now deal with a well reasoned settlement demand and the looming PAGA complaint. If you are able to reach a settlement of your wage and hour claims with your employer use the My Job Claim.com Settlement Agreement to resolve your claims.
Spend extra time on the ABC test set out in the demand letter to explain how you are misclassified as an independent contractor. Also, be as accurate as you can in calculating your hours, overtime and expense reimbursement owed.
Always proofread for typos and format issues to make the letter as professional looking as possible.
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