Q: Does the California "minimum shift pay"/show up time apply to independent contractors?
A: No. Independent Contractors do not have similar regulations.
No, it does not apply to independent contractors. It applies only to employees. However, it is very difficult for a company to classify a worker as an independent contract (even if you agreed to be one) and if you are a misclassified employee, then not only would the Reporting Time Pay protection assist you, but all of the other very protective aspect of the California Labor Code would as well.
It might benefit you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
The California "minimum shift pay" or "reporting time pay" law generally applies to employees who are required to report to work but are not actually given any work to perform or are given less than half of their scheduled shift. This law does not apply to independent contractors, as they are considered to be self-employed and are not subject to California wage and hour laws.
However, it is important to note that the distinction between employees and independent contractors can be complex, and misclassification can result in legal and financial consequences for both the worker and the employer. It is important to consult with a qualified employment law attorney to ensure that you are properly classifying your workers and complying with all applicable laws and regulations.
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