By RIA ROEBUCK JOSEPH
THE CENTER SQUARE CONTRIBUTOR
(The Center Square) – In a case brought to the forefront by Pilipino Workers Center in Los Angeles, Care Specialist HCS Inc., formerly doing business as TLC Home Care Services, has been sued by California Attorney General Rob Bonta.
The suit alleges that former and current owners of the homecare providing company misclassified its care workers as independent contractors instead of employees.
“The State’s laws against employee misclassification protect all Californians. They protect workers by ensuring they receive the compensation and benefits they have earned through the dignity of their labor…The People bring this action to ensure that Care Specialist’s caregivers, who work long days caring for some of the State’s most vulnerable populations, receive the full compensation, protections, and benefits they are guaranteed under the law..,” the lawsuit stated.
California’s labor laws and Unfair Competition Law define significant differences between employees and independent contractors. The ABC Test is used for determining the actual status of a worker irrespective of whether a worker has signed on as an independent contractor.
Under the ABC test, a worker is considered an independent contractor if the worker is free from the hiring party’s control and direction as related to the performance of the work; the worker performs work that is outside the usual course of the hiring entity’s business; and the worker customarily...
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