Is it legal if I worked 65 hours as an contractor for a large company through an employment agency but the agency didn’t get payed so they aren’t paying me?

I contracted through an employment agency that placed me in marketing contractor role with a large company. They company is refusing to pay my June hours to the employment agency, so the employment agency is not paying me. They are also not actively seeking payment from the company. Is the employment agency legally required to pay me? Further, can I bill the company for my hours. The problem is the highly unethical person I worked for at the company lacks serious integrity. I’ve determined some names of individual higher in the company to whom I like to send my invoice.

Asked on July 19, 2012 under Employment Labor Law, Georgia


Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

As a general rule, the employment agency is your employer and may have to comply with state and federal wage and hour laws depending on its gross sales and number of employees. 

Even if you aren't a covered employee under state and federal laws, you can sue the agency for breach of contract.

Read your contract with the employment agency.  It will give you some guidance on who is responsible for paying you. 



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