QUESTION
As a contractor for a company do I get paid for my time or my services provided?
Asked on Mar 23rd, 2016 on Employment Contracts - California
More details to this question:
As a massage therapist contractor for a massage company I am required to show up at least 15 minutes before the session and stay at least 30 minutes into the scheduled time even if the client does not show up. It is our policy not to book appointments without either being prepaid or we must have credit card info in order to hold the appointment in case of a no show. Lately our owners have not been requiring these things and clients have not shown up for appointments and we don't get paid as contractors even though we are required to be on site for at least 45 minutes. Is that legal? Or should we be getting paid for being required to drive to work and stay for at least an hour just to be sent home?
1 ANSWER
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Law Offices of Stephan Math
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Sounds to me that there is a question here as to whether you truly are contractors or in fact misclassified employees......that depends on the facts, generally if the employer controls the means and methods of the employment and provides the tools and /or the site at which duties are to be performed and controls the hours of the employee then there is a good chance that you are misclassified.....you may want to run this by the California Labor Commissioner's office for a review by them.......Stephan Math Esq.
Answered on Mar 25th, 2016 at 1:30 PM