Q: Supervising Contractors to Employees?
Hello! When I was hired, my job was to supervise 1099 contractors. Two years ago, because of a state law, more than half of these contractors were reclassified as employees. I was not given a title change or pay increase; myself and all of my colleagues were told that "this is NOT a change in you job at all." However, now that we supervise employees, our jobs have completely changed in scope and responsibility. Was this a legal thing for my job to do? Would I have a case?
A:
You do not have a right to more money just because your employer requires more or different work from you. If you were properly classified as an employee and if you were paid at least the minimum wage, you would have no right to more money because you are not required to supervise employees and have completely different job scope and responsibilities.
Good luck to you.
A: You need to address your question to lawyers who are licensed in New Mexico. You posted this question for California attorneys, who generally may not be familiar with New Mexico law relating to employers and employees. Try re-posting your question for lawyers in your state, not California.
A: Certainly, the transition from overseeing contractors to supervising employees can lead to significant changes in job responsibilities. Under California law, employers have a broad latitude to change the duties of an employee's position, provided these changes don't breach any employment contract or run afoul of specific labor regulations. If you have an employment contract or any written promises from the employer that limit changes to your role or responsibilities, the employer might be in breach of that agreement. Additionally, if the change in duties also means increased hours without appropriate compensation, it could raise wage and hour concerns. It's crucial to evaluate if the shift in responsibilities has resulted in any violations, such as unpaid overtime. If you believe there has been any unfair treatment or labor law violations, it would be prudent to discuss your specific circumstances with an attorney who is well-versed in California employment law. They can provide guidance on any potential remedies available to you. Remember, documenting any changes or communications regarding your role can be beneficial in such consultations.
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