1. Is this statement legal?
A: Probably not. The question of whether a worker is an employee or an independent contractor is resolved primarily by determining who has the right to control the manner and method by which the worker undertakes its labor. A worker who is free to perform work in whatever manner he/she chooses, and who is only responsible for the end product may be an independent contractor. However, where the worker's role is such that it is a core part of the contracting party's business, the worker may be an employee, because it is simply impossible for the contracting party to avoid control over the worker's manner and method of performance.
Your facts suggest that there is a third party intermediary whose business is apparently to do nothing more than to supply a worker -- however, the supplier controls the worker's payment. A worker who is not in control of his/her own billing, is clearly subject to the control of someone else. Thus, on your facts, you appear to be an employee of "SoluGence."
2. If this statement is legal, is there any way that I can penalize them for late payment?
A: File a wage claim with the Division of Labor Standards Enforcement. And, you can file a form SS-4 with the IRS. If the IRS finds an employment relationship, the penalties may be extreme enough to put he staffing company out of business.
3. What is best way that I can collect my money fast? ( I was a computer consultant until 5/15/2011.)
A: Unfortunately, the only way to force payment "fast" would be to commit criminal extortion, and threaten to file a wage claim with the DLSE, if you're not paid immediately. So, it may be better to simply file the wage claim and get it over with.
4. Is there "overtime" rate for independent contractor?
A: Assuming that you are an independent contractor (which I seriously doubt), then "no," there is no overtime. You would be entitled to no more and no less than what is provided for in your contract. However, if you are found to be an employee, then the ordinary overtime laws apply (time and one half for more than 8 hours per day, unless you are found to be a salary-exempt employee -- which is possible, but dependent upon a host of other facts, which are out of scope of your original question).
Hope this helps.
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