UNLAWFUL PAY PRACTICES

Even in this day and age, many employers try to cut costs by not paying their employees appropriately.  California employment laws provide strong protections against these kinds of practices.  If you suspect your employer is misclassifying you as an independent contractor, misclassifying you as "exempt" from overtime, not providing proper breaks, not paying you for all your work, or not reimbursing you for work expenses, then you should give our office a call.  

YOUR RIGHTS

You have the right to be properly classified as an employee, instead of an independent contractor.  Generally, you should be an employee if you are under the employer's control, performing work primarily for that entity, and doing tasks that are within the employer's line of business.  
You have the right to be properly classified as "exempt" or "non-exempt" from overtime.
  • If you are paid by the hour, you should be non-exempt.
  • Generally, if you are performing exempt tasks only less than half of your working time, then you are non-exempt.
  • It can sometimes be tricky to decide what tasks are exempt or non-exempt, and often times it depends on your profession.  But, generally speaking, exempt tasks often require some sort of skill, management of others, or independent discretion.  More information about overtime exemptions is available from the Department of Labor Standards Enforcement (DLSE).
 
They cannot call you repeatedly if they are attempting to annoy or harass you
 
For the most part, they cannot contact third parties (i.e., your friends and family)
They cannot call your work if they have reason to know your employer does not allow such calls
 
They must properly identify themselves
 
They cannot use language that is profane, abusive, or harassing
 
They cannot inflate balances owed and/or add junk fees to the balance
 
If they are reporting the debt to the credit bureaus, they must report it accurately
 
They cannot sue you somewhere other than where you created the contract or where you currently live
 
You have the right to demand that they cease communications
 
They cannot publish a list of names of people who owe them money
 
They cannot communicate by postcard or print language on envelopes suggesting they are collecting debts
 
They cannot tell you that documents are legal documents if they are not, and vice-versa
 
They cannot send you a document that appears to be from a court or government agency when it is not
 
Within 30 days of being initially contacted, you have the right to dispute the debt and request they validate it

Legal Disclaimer: The information on this website is for informational purposes only, and not for the purposes of giving legal advice.  Everyone's situation is different, and there may be legal nuances to your case that may not be obvious after reading the below information, which is more general in nature.  Please contact us if you would like a consultation as to how the law may apply to your individual circumstances.

© 2019 by Erika Heath

San Francisco, CA