Legal Question in Employment Law in California
subcontractor payment rights
i am an inkeeper at a bed and breakfast and a subcontrator for this position.
the owner of the business refuses to pay me other than every 35 daysand will
only pay me after i give him rent which is which is normally less than he owes
me then he keeps the balance of the money he owes me and applies it to next
months rent without my authorization. first is it legal to pay me every thirty
five days or am i entitled to be paid at least weekley? second is it legal to
keep my money to apply it towards future rent? I never agreed to it he just
told me that was how it was
2 Answers from Attorneys
Re: subcontractor payment rights
Your employer must pay you bi-weekly, and cannot keep money to apply to future rent. Your "independent contractor" status is also likely illegal, and the employer, likely, owes you many hours of overtime pay. Given what you have written, it sounds like this employer would fire you if you complain -- that, too, would be illegal.
Re: subcontractor payment rights
The initial question is whether you are an employee or an independant contractor. From your question, it appears you are likely an employee, which would require the employer to pay you in accordance with Labor Code provisions. If you are a contractor, on the other hand, the express or implicit agreement would control and every 35 days would be appropriate.
Because employee/contractor status is a complex and factually intensive analysis, you should consult with an experienced employment law attorney in your area to understand both your status and your rights. You may not want to take action now, but you should at least be informed so that you can properly document your case and perhaps take action in the future should the relationship sour.
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