Our employment lawyers filed a Varsity Tutors Employee Lawsuit. The lawsuit argues that the company’s tutors are misclassified as independent contractors, when they should be treated as employees. As “employees,” they’d be entitled to pay or all hours worked (including time spent communicating with parents) and would be eligible for overtime compensation.
To read a copy of the Varsity Tutors lawsuit complaint, click here.
The Varsity Tutors Class Action Lawsuit
As “employees,” according to the lawsuit, Varsity Tutors must reimburse tutors’ business expenses, such as books; pay tutors’ payroll taxes, such as Social Security; and provide tutors with paid rest breaks.
In addition, tutors who live or work in California may be entitled to collect labor code penalties of up to $25,000 per misclassified tutor. California has some of the strictest penalties for independent contractor misclassification.
Varsity Tutors May Be Misclassifying Tutors
The test for whether someone is truly an “independent contractor” is generally based on the level of control the company exercises over its workers. If the employer requires employees to perform the job in a certain way, or at a certain time, or to particular standards, its workers may need to be classified as “employees.”
In California, the independent contractor test says that all workers are presumptively “employees,” and it’s illegal to classify a worker as an independent contractor under the state’s wage orders if the company does not allow the worker to do work for other companies.
Two former tutors for a similar company to Varsity Tutors, called “General Assembly,” sued the company claiming they were misclassified as independent contractors. The company settled the lawsuit in 2018 for $1 million.
Meet Some of Our Employment Attorneys
Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”
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