Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My 1099 employees are constantly late with the schedules

Customer Question
THEY have given me....
My 1099 employees are constantly late with the schedules THEY have given me. Because they teach independently at my school, the students are quitting because the teachers refuse to be there on time. We had to redo their contracts to reflect that if they did not get here on time, they would be fined.
I don't know what else to do because the entertainment world has lots of problems with this situation. I need to know my legal rights.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
7/10/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,396
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome.

This is a tough one. The inclusion of a fine/penalty provision is probably the best thing you can do. You may also wish to include a clause permitting early termination of the contract. Beyond these solutions, the only thing you can really do is replace your employees with people who are more reliable. Failing to complete basic job functions is simply not acceptable, and sometimes the only thing you can do is find better quality people to work for you.

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.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Thank u. My main concern is the legality of fining a 1099 contract laborer. I take the fines and throw them into a reward program for the same teachers I not only don't keep the money but I add additional money into the program for each trachers earned points
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Thank you for your reply.

Assuming these individuals are properly classified as independent contractors, they are not protected by the labor code. This means they are not entitled to minimum wage, overtime, or any protections relating to deductions from earned wages. The only protections and rights that an independent contractor has are those afforded to them through their contract. This means that a clause providing for fines would be perfectly legal to include in a contract for an independent contractor. If the contractor agrees to the clause, it is enforceable. Simple as that.

I hope this clarifies things. Again, please feel free to let me know if you have any further concerns.

Ask Your Own Employment Law Question
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,396
13,396 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,396 satisfied customers
If I was 5 min late, can my employer deduct full 30min from
If I was 5 min late, can my employer deduct full 30min from the hours worked? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
Employer of my friend did not deduct social security and
Employer of my friend did not deduct social security and medicare for last 13 years. He was student form INdia on opt for initial 3 years exempt from SE tax witholding but was changed to H1 thereafter… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
State minimum wage is $11.50 starting January 1st 2018.
Washington State minimum wage is $11.50 starting January 1st 2018. Employees are going to be paid January 3rd for work done in December 2017, minimum wage was $11. Which amount I should use? 11.00 or … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about Wage deductions in county, Illinois.
I have a question about Wage deductions in cook county, Illinois … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
What is the minimum wage in Maryland? The paycheck shows
The paycheck shows regular 80 hours for 2 weeks with an overtime of 10 plus hours. The paycheck is the same each week - … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
We terminated an employee for stealing money out of the cash
we terminated an employee for stealing money out of the cash drawer. Can we withhold her final check to cover some of the funds she stole or what other actions should we take? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
My employer wants to forcibly deduct the cost of repairing a
My employer wants to forcibly deduct the cost of repairing a fleet vehicle from my wages. I work on the road. We are not allowed to drive our personal vehicles. I wasn't in a wreck. The drivers side d… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Live in Florida, can an employer just pay me minimum wage
Live in Florida, can an employer just pay me minimum wage for my last paycheck even if I was suppose to get paid more … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
My employer is trying to deduct, without written permission,
My employer is trying to deduct, without written permission, monies from my paycheck that they say was overpayment from 2 years ago. This paycheck is also over two weeks late. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
My employer is trying to deduct my wages for a bus ticket
My employer is trying to deduct my wages for a bus ticket home. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I want to know how much is minimum wage for a part time
I want to know how much is minimum wage for a part time salaried employee in California … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
Although there is a Federal minimum wage on salaried
Although there is a Federal minimum wage on salaried employees. Does the law apply in the state of Texas? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Can an employer deduct part of my wages other than standard
can an employer deduct part of my wages other than standard deductions, that are not court ordered? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I need help understanding the minimum wage law for
I need help understanding the minimum wage law for server/cashier at a restaurant who makes tip. Can you help me understand the section below?§ 146-1.3. Tip credits. An employer may take a credit towa… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
What is the minimum wage in the USA_ and what is the general
Hi. What is the minimum wage in the USA_ and what is the general salary for a manger in a small shipping buisness … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x