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Brent Blanchard
Brent Blanchard, Lawyer
Category: Employment Law
Satisfied Customers: 1975
Experience:  Twelve years of experience in employment law matters, representing both employees and employers.
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I worked with a company since Aug of 2014 as a 1099 employee

Customer Question

I worked with a company since Aug of 2014 as a 1099 employee i have ask to work on my days off and not been able to bee compensated for work done just want to know if iam intitled to bee compensated these extra work that was not on my to do list like taking individuals to there Doctors appointments this is like four times per monthly and more.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 7 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. What kind of work do you perform generally? I very much look forward to helping you on this matter.
Customer: replied 7 months ago.
I worked with people with developmental disability as a house manager my job consist of me working 24 hours live in.Only have down time when the individual is not home. They go go to the day program during the day any and all Doctor's appointments i afto take these individuals.
Expert:  Patrick, Esq. replied 7 months ago.
Unfortunately, I cannot speak to you on the phone. Your request has been forwarded to other employment attorneys on the site, though. In the mean time, I will address your concerns here. The answer to your question is that a person properly classified as an independent contract is only entitled to that compensation which has been agreed upon. Employers are not bound by minimum wage or require to pay contractors for all time they spend working. The thing is, not just anyone can be an independent contractor, and calling someone an independent contractor does not necessarily make them one. Generally speaking, a worker will be properly classified as an employee if the person to whom service is rendered retains significant control over the manner and means by which the work is performed. This, ultimately, is the relevant inquiry. However, additional factors frequently taken into consideration include the following:1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;2. Whether or not the work is a part of the regular business of the principal or alleged employer;3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;4. The alleged employee’s investment in the equipment or materials required by his or her task or his or her employment of helpers;5. Whether the service rendered requires a special skill;6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;7. The alleged employee’s opportunity for profit or loss depending on his or her managerial skill;8. The length of time for which the services are to be performed;9. The degree of permanence of the working relationship;10. The method of payment, whether by time or by the job; and11. Whether or not the parties believe they are creating an employer-employee relationship may have some bearing on the question, but is not determinative since this is a question of law based on objective tests.Even where there is an absence of control over work details, courts may find an employer-employee relationship if (1) the principal retains pervasive control over the operation as a whole, (2) the worker’s duties are an integral part of the operation, and (3) the nature of the work makes detailed control unnecessary. If you believe that you do not meet the definition of an independent contractor and you should in fact be an employee, your employer must pay you for all of your time. In that case, your employer calling you into work but not paying you would constitute a labor code violation, and you would be entitled to back pay. To pursue such a claim, you would typically want to file a complaint with your state's labor board, which will investigate and rule in your favor if they find cause. I hope that you find this information helpful. 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.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Expert:  Brent Blanchard replied 7 months ago.
Another Expert here.Please do not forget to leave a positive rating for Patrick, Esq. so credit for the work can be given.It's been a while since the last reply, and our system is saying that you have requested a phone call. If that is still true and you have follow-up questions not answered already, please take care of a payment error so we can access the call system.Thank you.
Customer: replied 7 months ago.
Customer: replied 7 months ago.

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