Established in 2005, Hamner Law Offices, APLC is a California worker and consumer rights litigation law firm. We bring cases in state and federal court throughout California.
We represent California workers in the following types of matters:
- IT professionals who have been incorrectly misclassified as exempt from overtime
- Healthcare workers who have been incorrectly misclassified as exempt from overtime
- Independent contractors who are misclassified and owed wages, overtime and expenses (such as mileage reimbursement)
- Misclassified salaried managers and other salaried workers who are owed overtime pay and other hourly employee benefits
- Commission salespeople who are on an unfair or illegal commission pay plan
- Employees who are owed money for unpaid wages, unpaid overtime, unpaid off the clock work, missed meal and rest breaks, unpaid expense reimbursement, late or short payment of wages, unpaid on-call wages, inaccurate wage statements, and unpaid PTO or vacation pay
- Harassment, Discrimination and Retaliation claims
- Failure to Accommodate and Disability Discrimination claims
- Whistleblower cases
- Wrongful Termination and Constructive Termination
- Severance and Release Agreements
- Private Attorney General (PAGA) penalty claims
We take all labor and employment cases on a full contingency. We only get paid if we win or settle.
Our office is located in Calabasas, California.
You may contact us for a free and confidential evaluation of your case at: email@example.com
MANY IT PROFESSIONALS ARE OWED SIGNIFICANT OVERTIME PAY
Just because you were hired as a salaried IT worker or an independent contractor, does not mean you have been properly classified. IT workers must have the necessary “discretion” or authority at work, and must be paid at a certain level, to be classified as exempt from overtime. IT job titles which are often misclassified are:
- Tech Support
- Quality Assurance
- Network Security
- Systems Administrator
- Web Design
- Content Writer
These “misclassified” IT workers often work long hours and are legally entitled to overtime pay for this work.
Misclassified IT workers who work long hours can be owed large amounts of overtime. If you think you have been misclassified in your IT job, please e-mail or call us for a free and timely evaluation of your situation. All communications are held strictly confidential.
Get paid for all the time you work!
“GIG ECOMONY” INDEPENDENT CONTRACTOR RIGHTS HAVE CHANGED
Under recently passed Assembly Bill No. 5 and the California Supreme Court’s landmark decision in Dynamex Operations W., Inc. v. Superior Court, California “independent contractors” are now presumed to be employees unless the hiring entity can establish each of the three factors embodied in the so called “ABC” test.
Under the ABC test, for a worker to be properly classified as an independent contractor rather than an employee, the employer has the burden of establishing all of the following: (A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. The employer must establish all three parts of the ABC test in order to lawfully classify a California worker as an independent contractor.
Employers who misclassify their workers as independent contractors owe these workers minimum wage, overtime, meal and rest breaks, paid sick leave, healthcare, paid parental leave, unemployment insurance, workers compensation and expense reimbursement.
Additionally, under California Labor Code Section 226.8, a pattern and practice of willful misclassification of workers as independent contractors can lead to penalties of as much as $25,000 for each violation, plus penalties.
If you feel you are a misclassified independent contractor, e-mail or call us for a free and timely evaluation of your case.
HARASSMENT, DISCRIMINATION AND RETALIATION
There is maybe nothing worse at your job than dealing with harassment, discrimination and retaliation. It is frustrating, intimidating and the laws regarding obtaining redress are complex. Hamner Law Offices has extensive experience advising and representing workers who are going through these issues. Under the law California workers are in a protected class based on their:
- National Origin
- Sexual Orientation
- Physical or Mental Disability
Employees going through these issues should act quickly. There are strict time limitations and procedures on how and when you can bring your claim. Contact us for a free and confidential evaluation of your case. We will advise you whether we feel your case is viable and what your best options are.
KNOW YOUR EMPLOYMENT RIGHTS
California law provides for many employee rights and protections. These include the right to:
- Minimum wage
- Timely and uncontrolled meal and rest breaks
- Expense reimbursement (including uniforms, tools, mileage and cell phone use)
- Accurate wage statements
- On-time payment of wages
- Overtime pay for days over 8 hours and weeks over 40 hours
- Payment for off-the clock work
- On-call pay
- Investigation and remediation of workplace harassment, discrimination and retaliation
- Fair and legal commission agreements and earned bonus
- Whistleblower rights
- Independent contractor rights
- Reasonable accommodations
- Suitable seating at work
- PTO and vacation time
- Right to make PAGA claims
Our firm is experienced and effective and vindicating these rights for our clients. If you have encountered any of the above employment violations, we may be able to help.