Legal Question in Employment Law in California

IC late payments and contract

I was required to go through a vendor to work as a ''physician advisor'' for a company. I am contracted to a company in CA through a vendor in TX. Our contract reads that I get paid every 45 days on the 15th of the month. I am paid hourly. They are repeatedly late in paying me (2 days to 1 week). Question? If the contract reads that I am to be paid on the 15th, does that mean they can cut the check on the 15th and mail from TX making it late or does it mean it should be in my hands by the 15th? Additionally, they have in the contract that I can not work for this employer or any company they contract with for 1 year, yet they refuse to give me a list of their clients. They did not find me this job. A nurse from the company contacted me about the job and then was told I had to go through this vendor as an IC by an employee of the company.


Asked on 12/18/06, 7:52 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: IC late payments and contract

there are several questions that come to mind -- one -- are you truly an independent contractor -- if the company controls your work, you may not be (this is fact-intensive.) 2) Non-compete clauses are generally illegal in CA -- See Business and Professions Code Section 16600. 3) if you are an IC, not an employee, the labor codes requiring prompt payment do not apply. (P.S. -- California law likely governs your employment.)

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Answered on 12/19/06, 7:13 pm


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