late payment

In this case I am a freelance contractor
job was for a television commercial

worked 2 days

Employer paid for just one day – 15 hours of work and 400 short of my
contracted rate.
Employer took over 30 days to pay that.
Now employer is cutting another check fo difference another half day rate.
Says that will come end of January.

Summary, I have not been paid in full and it will be going on 60 days before I
will finally have full payment.

Do I have a labor board claim for late payment again I am not a employee for the
company I was an independent contractor hired by them.

Asked on January 16, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you do not have a labor board claim: the labor board only has jurisdiction or power over issues involving employees, but you state that you were not an employee--you were an independent contractor. As an independent contractor, your recourse is to sue for the money you are owed, if you are not paid it: you would sue for "breach of contract," or for violating the agreement (whether written or oral) regarding what you should be paid.
There is effectively not claim for merely late payment, so long as you do get the money, since you can only sue for your actual, provable losses. 


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