I was hired in at my company as medical assistant for the company. They paid me a contractors pay $150.00 a day. I was working almost 450 hours a month and only making $4K. When they had me sign my non exempt employee forms 2 1/2 months later to be paid hourly, they told me by CA law I have to be paid hourly, not salary, and not contractors pay. Then I was cut down to 40-50 hours. Obviously. Then aren't they required to pay me for the HOURS I worked illegally? They used my services for as long as they could and used my time. I was there 13-24 hours a day only making 150 a day outside in the 130 degree heat no air conditioning and no electricity. What do I do to get my money that I am owed? They owe me $18,000 I calculated up my hours including overtime. and that is what they owe me. I wanted to know for sure that what they did is really illegal and where I go to get the documents to prove it so I can take it to the company and demand that money or I will report them?
2007-03-28 14:06:09 · 3 answers · asked by xxmilitarychikxx 3 in Business & Finance ➔ Careers & Employment
There are several things at work hear.
1. you can be hired as a contractor depending on you job or scoop of practices. Most MD are contractors.
2. You can not pay a contractor less than 1/12 time minim wage. All so they can not tell you what hours you have to work or when to show up or when your day in done. THEY CAN NOT SET YOUR HOURS.
3. They can not tell you what is called Means and methods:" how to or when to your job" If they do you are now an employ.
I would talk to them and see if they will reclassify you as an employ with back pay and OT. If not ask them if they can prove what they are doing and besides paying you they will pay penalty's and back taxes plus pentaltys.
Best of Luck
2007-03-28 15:02:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the law was changed, then you would not be entitled to collect money from the past hours worked. But if the company discovered that they were paying you incorrectly (which I would make an educated guess that someone else sued them over it, the company lost and is keeping it quiet) then you should be paid all the back wages. The hard part is to prove your hours. You can file a claim with the Department of Labor if they are unwilling to pay you.
2007-03-28 14:14:13 · answer #2 · answered by Brian G 6 · 0⤊ 0⤋
YES.
PRISON AND SUCH PAY MEDICAL STAFF CONTACTORS PAY.
2007-03-28 14:16:29 · answer #3 · answered by cork 7 · 0⤊ 0⤋