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Question

I'm currently working for a business as an independent contractor. I schedule appointments from my own phone in my own home for the company. I was hired and told that I would be paid 5$/hour plus 5$ per hour of service that I book. I am given set hours and specific duties I need to perform during that time. I was recently informed that if a client cancels an appointment my 5$/ hour of service (commission) would be taken back and told that this would go in effect for the pay period prior to my being told. I was also told that if there was an error in my booking the appointment, i would have to incur the entire charge of the appointment. (which is 27x the amount of my hourly wage) This has happened. Are these fair labor practices?

Submitted: 418 days and 9 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Carbondale, Colorado

Already Tried:
Looking on line at labor laws in Colorado and asking friends for advice, emailing the employer.

Posted by Jane Doe Deer 418 days and 8 hours ago.

Info Request

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Do you have a written contract?

 

How long have you been working on this contract so far?

 

Did you have to pay out any money to get started?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

418 days and 8 hours ago.

Reply

Hi there,

I do not have a written contract and I did not have to pay any money to get started.

Accepted Answer

I'm afraid to say that you're not in a good situation. If you plan to work as an independent contractor, you should always use a contract with any of your clients.

 

If this is the first time you've done this, you should know that the labor laws don't apply, because you're not, in theory, an employee.

 

However, if you are being given set hours, you are being treated like an employee in that one respect, but otherwise being mistreated. An employer would have to pay you at least minimum wage, pay into unemployment, workers compensation, and social security. You're not getting any of this, and you don't even have a written contract.

 

So, to answer your question, these aren't fair labor practices but you're not an employee, so nothing applies to you. And you don't have an employer. All you have is someone with who you have a verbal agreement, who keeps unilaterally changing the terms.

 

I suggest that you get a written contract that cannot be changed without the written agreement of both you and your client.

 

 

 

I'd be happy to answer follow-up questions.

 

Before giving me poor feedback, write to me. "Bonus" = "tip"

 

Next time, ask for "Jane Doe Deer."

 

I wish you the best. You'll be ok. Be prepared for the worst, and you're always prepared for the best.

 

Jane Doe Deer

 

 

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Expert: Jane Doe Deer
Pos. Feedback: 99.1 %
Accepts: 
Answered: 10/1/2008

Employment Lawyer

Atty. 22 years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.

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