Unpaid Wages, Unpaid Overtime & Independent Contractor Misclassification

Were you ripped off by the company on your paycheck? Victim of wage theft? Not paid? Buy supplies for the company, but you weren’t reimbursed? If so, you aren’t alone and you need to call Joe Herbert Law.  You held up your end of the bargain, so why shouldn’t your employer uphold it’s end of the bargain and pay you every nickel that you earned?  If this doesn’t happen, then your employer has stolen from you!

I handle wage and hour claims and win them in courtrooms and negotiation tables all over Los Angeles and Ventura counties. I am up-to-date with the latest labor codes in California and I have a thorough understanding of how the local courts work. I make sure that your rights are being protected so you can take care of yourself and your family.

Free Confidential Employment Law Consultations. If you feel that you have been ripped off by your employer, you should contact Joe Herbert Law today for a free confidential consultation toll-free at (855) 805ATTY or (805) 482-5340. I can explain your rights in a strictly confidential setting, and with the knowledge that comes from years of experience with the ever-changing labor codes in California.

Let me do the legal work so that you can get back to the work of supporting yourself and your family. I am here to help.

I handle two types of wage and hour disputes for individuals and groups:

Scales of Justice!
  • Wage and hour class action lawsuits for groups of employees (and individuals) wrongly denied legal minimum wage, overtime, rest and lunch breaks, and reimbursement to you for job-related expenditures
  • Confidential legal advice as well as filing lawsuits for individual employees who have been misclassified or wrongly treated as independent contractors so their employer doesn’t have to pay them overtime and/or other benefits

I take great pride in standing up to employers and making them pay what they owe to their employees and contractors. I fight for the rights of workers at all levels, from manual laborers to senior executives, to get paid for their work and get what they are legally owed.

Here are a few ways in which you may be illegally underpaid for your work:

You could be owed a lot of money [dollar sign]

You could be owed a lot of money by your employer

  • Unpaid straight-time wages: You are asked to “work off the clock.” For example, your boss tells you that you didn’t get all your work done during regular business hours. He wants you to clock out and finish up on your own time. This can also qualify for overtime.
  • Unpaid overtime wages: Your employer has a policy against paying overtime or you are wrongly classified as exempt from overtime. For example, you are a secretary and get paid a salary. Your boss says that since you earn a salary, they don’t have to pay you for any overtime. This includes not paying you to come in on Saturdays to finish your work, or if you take work home with the knowledge and permission of your employer or supervisor.
  • Unpaid minimum wage: Your employer sets up your pay in a way that, when you divide your pay by your number of hours, it works out to be less than minimum wage.

Employers who fail to pay required overtime are liable for any unpaid overtime compensation and, under certain circumstances, an equal amount as liquidated damages, plus attorneys’ fees and costs. Sometimes the damages include earned overtime up to four years back. Employers may not make any deals to settle wage and hour claims for less than the full amount (even when a release is signed by the employee to defeat the rights of the worker). In other words, employees who are eligible for overtime pay may not waive their right to receive it.

I am an employee advocate who has worked tirelessly to help people get compensated for their unpaid wages and benefits. Call me for a free and confidential initial consultation.

Independent Contractor Misclassification

Are you concerned that your employer is taking advantage of you?

Some employers classify their employees as independent contractors to avoid paying certain taxes, providing benefits, paying overtime and reimbursing them for business expenses.

What Is an Independent Contractor?

Independent contractors are not employees. But some companies are misclassifying regular employees as independent contractors in an attempt to avoid providing those workers with fair compensation and employee benefits.

Employees typically receive benefits such as vacation pay, sick pay, and medical and dental insurance. However, employers usually do not provide these benefits to independent contractors. Instead of these benefits, independent contractors are given more freedom to do their jobs as they please.

Employers must follow strict standards when identifying workers as independent contractors. Workers who are incorrectly and illegally classified as independent contractors, but are actually employees, may be entitled to the benefits and compensation that they would have received if they had been classified correctly, plus damages. According to the IRS, employment status is determinable through three categories: control of how the work is done or job training is provided, the use of either their own or the employer’s tools or equipment, and the time period of the business relationship. If you are working more like an employee, it does not matter if you work full-time or part-time or if your employer says that you are an independent contractor.

Are you an independent contractor or an employee? I have years of experience investigating business relationships between contractors and their employers. I will begin my investigation of your case by asking you several questions, such as:

  • Do you set your own work hours?
  • Are you paid per hour or per each job or service?
  • Do you work at your employer’s company or in your own home?
  • Are you working on several projects for different employers?
  • How long have you been working for this employer?
  • Are you reimbursed for expenses incurred while doing the work for this employer?
  • Did your employer provide you with work supplies and a place to work?
  • Do you work with a supervisor or are you independent in your decisions?

I have a strong background representing individual clients and groups in class action wage and hour as well as misclassification as contractor claims.

Call me now for a free and confidential initial consultation.

Unpaid Wages Class-Action Cases

An unpaid wage class-action lawsuit allows one person or a small group of people to sue on behalf of all individuals who have experienced the same or similar misconduct at the same employer. Because there is strength in numbers, class-action lawsuits can be used by individual employees to enforce the law against corporations and government entities on behalf of numerous victims.

I have extensive class action experience in the California courts. I have represented class action plaintiffs in matters involving unpaid overtime, missed rest and lunch breaks, misclassification of employees/contractors, minimum wage violations and other illegal employment practices throughout Southern California.

I am an employee advocate who works tirelessly to help people get compensated for their unpaid wages and benefits. Call me now for a FREE initial consultation.


There are limited time periods (deadlines) for filing claims that apply to legal matters. If you do not file in a timely manner with the appropriate internal office, outside agency or civil court, you may lose the right to seek redress for the claim. You should seek the advice of counsel to ascertain all of the applicable time periods.


You should immediately consult with an experienced attorney to learn more about what you can do to protect your rights and when the deadlines (statutes of limitation) expire in your specific case.


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