Legal Question in Employment Law in California

I work as a Contractor in California and was wondering if it is legal to pay an employee by the number of hours in a day and not for the hours they worked? I will be more specific, their workday is from midnight to midnight, if I work from 4pm to midnight that would be 8 hours, correct? but if I have to hold over for whatever reason an hour, that hour is not considered overtime since it's on a new day, is there a loophole that they're using I'm not aware of?

Also have a question regarding an anniversary check, I wasn't given my one year anniversary check because they said I didn't have enough hours for the year, I did get it about 6 months later, however this year I have yet to receive it and it's been 4 months since my anniversary date, can they keep it even though I have been working the entire year and my anniversary date has not been changed?...Thanks


Asked on 12/03/10, 11:12 pm

1 Answer from Attorneys

Your question makes no sense. If you are a contractor, you are not an employee. As for an "anniversary check" that is a matter of internal company policy, not law. As long as compensation for work performed is paid per the policies and terms under which you accepted the work, and you are a contractor not an employee, it is legal.

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Answered on 12/08/10, 11:22 pm


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