If you are applying for an internship in California, you are likely wondering if your internship will be paid or unpaid. While it may not be unlawful to offer unpaid internships, there are certain rules California employers must follow under state and federal law to keep unpaid internships legal.
When employees are misclassified by employers as independent contractors, the misclassified workers can be denied important work benefits, such as overtime compensation, the ability to unionize, and other employee benefits. Over the past few years, several motor carrier companies, including several trucking companies in California, have been accused of misclassifying commercial truck driver employees as independent contractors in order to cut costs and boost profits. As a result, California truck drivers are suffering from lost wages.
More than one hundred current and former employees at a popular Bay Area eatery claim they were denied wages and benefits, and they have filed suit against the restaurant.
Court papers state that Burma Superstar owner Desmond Tan held employee paychecks as a deposit rather than distributing them. According to the plaintiffs, Mr. Tan also fired a worker who complained about the policy. At two of the company’s other locations, B Star and Burma Love, the firm allegedly misclassified workers as salaried employees to avoid paying overtime. The suit names more than a dozen other labor law violations, including denial of sick leave and breaks. Currently, the three plaintiffs seek permission to turn their lawsuit into a class action.
Attorney Carole Vigne lamented that kitchen workers are often “unseen and forgotten” in many restaurants. “We hope this case brings visibility to the hardworking kitchen staff who feed thousands each week,” she said.