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.