Do employment and labor laws apply to all workers?
No. Whether an employment or labor law applies to a worker first depends on whether the worker is an employee or an independent contractor. Employment laws generally do not cover independent contractors. A variety of factors can determine whether a worker is an employee or an independent contractor. For example, a worker who controls his or her own work methods/means, buys his or her own materials and is paid by the job (rather than by the hour) is more likely to be an independent contractor. Under California law, it is what you actually do, not your job title, that determines your status as an employee or independent contractor-even if you agree in writing that you are one or the other. In most instances, employment law protections also apply to undocumented workers. For example, employers are barred from paying undocumented workers less than the minimum wage. Employers are also barred from retaliating against their workers by reporting them to federal immigration authorities if the w
