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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Can an independent contractor (aka realtor) affiliated with a company in any of the compan

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Can an independent contractor (aka realtor) affiliated with a company in any of the company's branch offices be asked to make a mandatory monetary contribution to a sunshine fund?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Assuming the independent contractor is properly classified as such and should not instead be an employee, there is nothing unlawful about the requirement you describe. This is because independent contractors are essentially viewed as their own business. The law does not regulate the terms or conditions of business contracts between separate businesses--the parties are free to agree to whatever is mutually acceptable, or to contract with others instead.
Now, if you were an employee, or misclassified as a contractor when you should be an employee, a "mandatory contribution" to anything MIGHT be regarded as an unauthorized deductions from earned wages. But that argument is a stretch, and especially so if the deduction does not take the employee below minimum wage.
In short, as a properly classified independent contractor, there is no legal issue with what you describe, and even as an employee, there probably isn't either.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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