I am a contract employee for a staffing agency in Maryland, working for an agency client based in Pennsylvania, on sites owned by a 3rd party client of the agency client, and I live in Michigan. The agency has a Michigan office where I completed the employment contract
. My position is as a carpenter/installer and my work duties are performed in various states, with a per diem
paid to me by the agency client for food and incidentals. My issue is with my employment contract I entered into with the staffing agency.
Approx 22 months ago, I was interviewed and accepted as an employee to be hired by the agency's client (prior to ever working for either entity), at a daily rate of $180/day. The first step to being hired is to work as an on sight temp for approx 90 days before being accepted as a full time employee. I entered the agreement with the staffing agency at an hourly rate of $27.70 per hr. But the future employer submits time sheets based on only days worked, not hours worked. This would have been fine for a short time, but I am still employed by the agency with no offer from the employer. I feel this may have totaled to more than $40,000 as the difference from the day rate to the hourly rate. Many of the daily hours were in excess of 12 hours, with 10 hrs being the average for work weeks of 5 to 7 days. I feel if my contract is with the agency, I should be paid the rate for the contract amount, not the daily rate for the future employee that never materialized.
I also suffered a work injury that I have been on workers comp since 12/2015, and the difference in pay has meant a smaller check during this time due to the calculation for w.c. payments.
What, if any, legal options do I have to pursue this? Thanks, ***** ***** the long explanation.