I had been working for a small business for a year being paid hourly. Then my employer said he was going to pay me by the job or I wouldn't have a job. So I worked 50-60 or more a week and he comes up with a amount he will pay me is this legal?
It sounds like your employer has gone from treating you as an employee to wanting to treat you as an independent contractor, where he can pay you by the job, rather than by the hour. However, he can't do this unless you actually meet the criteria for an independent contractor. Some of the factors that determine whether you can be considered an independent contractor are:
- Are you required to work on site, or can you work wherever you want?
- Do you set your own hours?
- Are you free to work for other companies, as well?
- Do you handle your own taxes and withholding. Are you a W-2 employee or does the company send you a 1099?
These are just some of the things that will determine whether you are an independent contractor or an employee. Assuming you are an employee, you must be paid for the hours you work (unless you are a high-lever exempt salaried employee), and time-and-a-half for any overtime hours in excess of 40 per week. It sounds like your employer may be in violation of the Fair Labor Standards Act.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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