# Los Angeles Misclassified Sales Reps: Get Overtime Pay > Were you a sales employee misclassified as an independent contractor? The Employment Lawyers Group fights for your unpaid overtime, commissions, and minimum Source: https://employeelawca.com/los-angeles-independent-contractor-og/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Los Angeles County, California. Phone: (323) 525-1600 (calling is the fastest way to reach the legal team) Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423 Contact form: https://employeelawca.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- We presently represent a former sales employees improperly classified as an independent contractors. If your hours are set by the company paying you, that is a factor in determining you are an employee. Also, having to work on the employer's premises is a factor consistent with employment. If you have to come to work as required by the employer, you are not given any sales leads that is also characteristic of the type of control an employer exerts over employees. However, some of the most important factors in determining if someone is an independent contractor include: - Is the job the type of job required in order for the company to run their business it may be employment - If the employee does not hold a license that enables them to do the job or service it may be difficult to claim they are an independent contractor - If the employee is paid an hourly rate that may mean they are not an independent contractor - If the employee primarily works for the employer and does not have a separate business providing the services at issue the situation may be employment Additionally, if you did not receive proper itemizations on your paychecks explaining why you were paid, there are concerns you were not paid commissions properly on your sales. To whether you did not have a proper contract for commissions, we would like to hear from you. The California Labor Code requires that the terms of employee commission agreements be in writing. Call us at (323) 525-1600. There may be labor violations when sales people are not paid minimum wage. The exception is generally for outside sales people. Questions whether minimum wage is averaged daily, weekly, or by paycheck are issues you must consult an experienced wage lawyer on. One of the biggest problems our wage attorneys see, however, are sales people who are not paid overtime. There are a lot of situations in which people are classified as sales people, but they are not trying to make sales more than half of the time. Exactly how long is spent on sales is a factor in determining whether sales people may be exempt from overtime. The amount sales people actually earn also matters. All of these issues are highly technical, and beyond the scope of this article. If you are ready to sue for unpaid overtime or commissions you need to call our office and be ready to answer our qustions. ## In order to assess whether you are an independent contractor, consider whether: 1. **You work on the employer's premises** 2. **You use the employer's equipment to do your work** 3. **The employer sets your schedule (start and stop times and number of hours per day)** 4. **You are disciplined if you declined to work as requested by the employer** 5. **You do the normal business of the employer is engaged in. For example, you are not coming in to repair a piece of equipment that rarely breaks, or providing IT assistance when needed** ### Improper treatment of an employee as an independent contractor leads to several remedies for the employee. These remedies include: 1. **A monetary fine to the employer for improperly classifying an employee as anindependent contractor** 2. **Back pay at minimum wage for ever hour worked for each pay period the employee's commissions paid to them did not equal minimum wage for that pay period** 3. **Potential overtime and double time pay** 4. **Fines to the employer for not properly giving employees written sales commission contracts** 5. **Penalties payable to the employee for the employer not properly itemizing why the employee was paid what they were paid on their paycheck** **We believe many companies attempt to get its sales people to sign binding arbitration agreements in order to prevent a class action now that the issue of their sales people being improperly classified as an independent contract has arisen.** If you have questions about whether you should sign a binding arbitration agreement, please contact us at **(323) 525-1600**. Our experienced labor lawyers can be reached at **(323) 525-1600** if you have any questions about being improperly paid, or the potential class action for misclassifying their salespeople as independent contractors. ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Los Angeles County We have proudly served all of Los Angeles County since 1993. Ready to discuss your case? (323) 525-1600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://employeelawca.com/discrimination-lawyer-in-los-angeles/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://employeelawca.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://employeelawca.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://employeelawca.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://employeelawca.com/absences/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://employeelawca.com/los-angeles-financial-whistleblower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://employeelawca.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (323) 525-1600 Now](tel:3235251600)