Our employment lawyers are investigating a Varsity Tutors Employee Lawsuit. Tutors may be misclassified as independent contractors, when they should be treated as employees. If tutors were employees, Varsity Tutors might need to pay them overtime and for off-the-clock work, such as time spent communicating with parents or preparing lessons. Varsity Tutors might also be required to reimburse for tutors’ business expenses, such as books, and would be responsible for paying tutors’ payroll taxes, such as Social Security. If tutors proper classification were “employee,” they may also be entitled to paid rest breaks (or penalties if no breaks are provided).
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.
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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.
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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.”
Get what you're owed by Varsity Tutors
You may be owed substantial amounts by Varsity Tutors for misclassification, overtime, off-the-clock work, business expenses, and rest-break penalties. Contact us today for a free consultation.
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