KitchenWorks in San Rafael shrinks st...

KitchenWorks in San Rafael shrinks staff, hit with lawsuits

There are 128 comments on the Marin Independent Journal story from May 9, 2009, titled KitchenWorks in San Rafael shrinks staff, hit with lawsuits. In it, Marin Independent Journal reports that:

KitchenWorks, a San Rafael-based home improvement company that has undergone a radical downsizing in recent months, has been slapped with two class-action lawsuits alleging that it misclassified its sales representatives as independent contractors "to transfer to its employees substantial costs and risks," according to one lawsuit.

Join the discussion below, or Read more at Marin Independent Journal.

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Block the Richmond Bridge

San Rafael, CA

#1 May 9, 2009
Another BS lawsuit. great.
dano

San Rafael, CA

#2 May 9, 2009
Wrong yes, but whenever a Contractor tries to go legit, customers claim
"I was really taken by that guy". The rates are $15 for a foreign laborer,
$60+ for a one man contractor,$200 for a crew. This is nonunion, per
hour. Most of you want the cheep illegal rate. IDGAF. but don't complain
about immigration, or contractors. Oh yea, your not a contractor unless
your licensed--sorry Marin handymen.
Close down 101

Alameda, CA

#3 May 9, 2009
It's the Mexicans fault.
Get a Job

United States

#4 May 9, 2009
So, why are they suing?
equalizer

Pleasanton, CA

#5 May 9, 2009
so when construction was BOOMING and these sales people were making big bucks everything was fine and dandy for them, now it slows down and the sales force can not make there own mortage, so they sue-sue-sue, pathetic scum. with the advent of the internet their names, the salespeople who are sueing, will be available to every future employer that will immediately know NOT to hire them

“Taste great in milk!”

Since: Aug 08

.

#6 May 10, 2009
Close down 101 wrote:
It's the Mexicans fault.
Yup.
Book Em Danno

San Francisco, CA

#7 May 10, 2009
Salepeople are, by and large, scum.
kitty

San Anselmo, CA

#8 May 10, 2009
i guess this explains why i dont get regular junk mail from them anymore
Thom

San Rafael, CA

#9 May 10, 2009
How about the electrical contractor in Novato with his daddy's name who sends out the American guys to bid the job and get people's input and then Monday morning the Mexicans that can't speak English show up? Charges American prices for Mexican quality work. Even when the mistakes are rectified, if anybody notices them, it's still far far cheaper to do it this way.
Fred

Sunnyvale, CA

#10 May 10, 2009
What the hell is Kitchen Works?
Jim

United States

#11 May 10, 2009
How small did they make their staff, like 12 inches?

I'd love to have the technology. I can think of a few people I'd like to shrink!
Book Em Danno

Oakland, CA

#12 May 10, 2009
Fred wrote:
What the hell is Kitchen Works?
They are a company who use high pressure sales tactics over the phone to arrange a visit to your house by a high pressure salesman.
Badger Baitor

United States

#13 May 10, 2009
It is pretty easy to tell if someone is an independent contractor or an employee. If KW did this to avoid paying state and federal employment taxes they will have bigger things to worry about than settling with these sales people.
freakshow

San Francisco, CA

#14 May 10, 2009
Salesmen can be and are often classified as independent contractors, especially if paid on commission, and it's not uncommon to have regular business hours with occasional after-business hours (homeowners need to be home to visit, right?) as a requirement for employment, as well as job leads and appointments scheduled by the prime contractor. So sometimes the 'control' litmus won't pass scrutiny in every case. The unwarranted deductions could lead to trouble, but certainly nothing that couldn't be resolved by the EDD's legal office..no need for a class action or to line the pockets of more attorneys. Just folks in collusion to extort money, using the legal system.
not just them

San Rafael, CA

#15 May 10, 2009
I am a teacher who works as an independent contractor. This is because my boss wants to do it that way. I can't afford to rent a space by myself to teach. I know that what I teach is integral to the school's mission, therefore by law, I am an employee. But they don't want to pay for insurance, etc.

One school where I worked stated that I did not need to be fingerprinted because I am an independent contractor.
Question everything

San Rafael, CA

#16 May 10, 2009
freakshow wrote:
Salesmen can be and are often classified as independent contractors, especially if paid on commission, and it's not uncommon to have regular business hours with occasional after-business hours (homeowners need to be home to visit, right?) as a requirement for employment, as well as job leads and appointments scheduled by the prime contractor. So sometimes the 'control' litmus won't pass scrutiny in every case. The unwarranted deductions could lead to trouble, but certainly nothing that couldn't be resolved by the EDD's legal office..no need for a class action or to line the pockets of more attorneys. Just folks in collusion to extort money, using the legal system.
In this case, I'm glad there's a lawsuit. It sends
a good message to any "slick" employer out there.
Plus, with today's economy, companies are taking
advantage of the situation. "Just
thank God you have a job", is really getting old. "Oh-and by the way, we can't afford that
lousy dental plan anymore--you know that one where
you pay half the inflated cost of treatment?"
Death N Taxes

United States

#17 May 10, 2009
Commander Bunny wrote:
<quoted text>Yup.
....Bunny man: you are a M ORON!! Why would you support a statement like that?
Death N Taxes

United States

#18 May 10, 2009
Thom wrote:
How about the electrical contractor in Novato with his daddy's name who sends out the American guys to bid the job and get people's input and then Monday morning the Mexicans that can't speak English show up? Charges American prices for Mexican quality work. Even when the mistakes are rectified, if anybody notices them, it's still far far cheaper to do it this way.
.....FYI: just b/c they have brown skin doesn't mean they are Mexican. Your statment makes you appear ignorant and uneducated.
Jim

United States

#19 May 10, 2009
Death N Taxes wrote:
<quoted text>....Bunny man: you are a M ORON!! Why would you support a statement like that?
Cause BunnyMan is a racist, a card carrying member of the MinuteKlan!
freakshow

San Francisco, CA

#20 May 10, 2009
Question everything wrote:
<quoted text>
In this case, I'm glad there's a lawsuit. It sends
a good message to any "slick" employer out there.
Plus, with today's economy, companies are taking
advantage of the situation. "Just
thank God you have a job", is really getting old. "Oh-and by the way, we can't afford that
lousy dental plan anymore--you know that one where
you pay half the inflated cost of treatment?"
If a company can't afford the dental plan, so be it, it's not a requirement to employ. The only message intended by this story is to publically smear and intimidate the employer into a settlement, it is NOT a news story. How long will the newspaper allow itself to be a pawn in someone's chessgame of legal extortion? Forever, I would guess.

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