late payment

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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