Is it legal for an employer to ask an independent contractor how much the independent contractor is being paid under their other contracts?

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Is it legal for an employer to ask an independent contractor how much the independent contractor is being paid under their other contracts?

I was negotiating for an increase in my contract amount with an employer who currently employs me as an independent contractor. During negotiations the employer asked me what my other current contracts pay. Is that a legal question?

Asked on July 31, 2019 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no law restrictinhg an employer asking this kind of information from one of their independent contractors. While you can't be forced to give the information, you might be well advised to do so as your employer could severe your relationship. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is perfectly legal: there is no law restricting a business from asking its independent contractors what they make from their other clients. They can't compel you to answer it, but they can certain draw their own conclusions from silence.


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