If you’re considered a contract employee, does a business not have to follow state pay schedules?

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If you’re considered a contract employee, does a business not have to follow state pay schedules?

I work for a small museum as what they consider security for their events. They haven’t paid me in 2 months effective today and state that they don’t have to pay until their other expenses are paid because I’m considered a contractor and not an actual “employee”.

Asked on January 16, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many times employers try and find loop holes  - or what they think are loop holes - in the law to avoid paying taxes and to violate the rights of those that are really employees. Being called an "independent contractor" is one of them.  Nevertheless they can not really do so.  First, look to your agreement.  Does it state a pay schedule in there?  That would govern at first glance.  If there is no agreement in writing then I would think a court would render a "reasonableness" test.  2 months is not reasonable for services rendered.  I would file a complaint and speak with an employment attorney.  You could send an invoice for the back pay with a request for payment.  But I think you may be an employee in disguise.  Good luck.


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