A Janitor’s Misclassification Results in Labor Commissioner Award

On April 13, 2015, the Labor Commissioner awarded Center for Workers’ Rights client Juana Rangel $27,053.14 in wages and penalties as a result of her misclassification as an independent contractor.  Ms. Rangel was employed as a janitor by Property Maintenance Group. Her work shift was from 5pm until 4am and she worked every day, except Sunday.

 

Ms. Rangel was paid cash on a bi-weekly basis. The Hearing Officer determined that the employer’s “classification of Plaintiff as an independent contractor was nothing more than a subterfuge to avoid its obligations as an employer.” The Hearing Officer held, therefore, that the employer was not credible and that Ms. Rangel’s testimony was sufficient to establish her work hours.

 

Law student Cecilia Guevara-Zamora represented Ms. Rangel at the hearing.  The Center for Workers’ Rights is working with Los Angeles-based Wage Justice Center  in order to ensure full recovery of the wages and penalties awarded.