Independent Contractor Workers

These workers, who often perform delivery, maintenance and other tasks which is directly a part of their alleged employer’s business product (e.g. an “independent contractor” trucker working for a freight delivery service) and whose work is sufficiently controlled to make them employees rather than independent contractors, may (depending upon an analysis of the facts) be entitled to receive the wage and hour benefits provided to hourly employees in California such as overtime, additional compensation for unprovided meal and rest periods, and reimbursement for job-related personal vehicle use and other personally incurred expenses. Milhaupt and Cohen has recovered significant amounts for many such workers who were misclassified as independent contractors.

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