QUESTION

Should I be paid when training?

Asked on Aug 24th, 2012 on Labor and Employment - Tennessee
More details to this question:
I am a female subcontractor for a small roofing company in Nashville, Tn. I've worked 2 days and have not been paid because my boss said I'm in training. I am working very hard while I'm being trained. Is this legal?
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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Probably not.  First, you say you are a "subcontractor."  If you are indeed a "subcontractor," and by that I mean you have your own business and would meet the legal "test" for being an independent contractor, then you would not be an employee.  If you are not an employee, the payment arrangements depend on your "contract" with the other company.  However, from the limited amount of information you have provided, I doubt you are a "subcontractor" and I suspect you would legally be an employee of the company for which you are working.  If you are an employee of the company, the employer is required to pay you for any time you work. I suggest you contact the Tennessee Department of Labor.  The professionals there can assess your situation and give you a definitive answer. 
Answered on Aug 27th, 2012 at 8:21 AM

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