SAN FRANCISCO, CA – Within the last six months, three lawsuits have been filed by three different plaintiff’s lawyers against two security guard companies, all alleging the guards are misclassified as independent contractors among other wage and hour violations. Braavos Inc. dba Bannerman was sued last year and again in February. Cypress Security was sued in March.
The test for whether a worker is an employee and/or an independent contractor largely depends on the level of control. Assuming these security guards had to show up for shifts, and had specific job duties while on their shift, these guard companies may have a hard time proving that the workers were contractors.
Other factors considered include whether the worker was paid for their time or by job, if the worker had a business name and other client-employers, and if the rate paid was fixed or subject to negotiation.
|This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.|
|The authors of the blog are attorneys at the San Francisco litigation firm,Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.|
Categories: Wage and Hour