Legal Question in Employment Law in Florida
Independent Contractor Status
I am a medical transcriptionist working as an ''independent contractor''. The only paperwork I filled out was an employment application at the time of hire. I have no contract documenting time schedules, time off, etc. Last October I was denied the Jewish holiday off. The company sets the time of delivery of work and has threatened to ''dock my salary $1.00 per page if I do not meet that time schedule''. Is it legal to dock wages of an independent contractor? Thank you in advance.
3 Answers from Attorneys
Re: Independent Contractor Status
Regardless of whether you are an independent contract or an employee, your employer is not required to give you off for any holiday, including the Jewish high holy days or other holidays. Additionally, if you are required to meet certaind deadlines, there is likely nothing illegal about your employer reducing your wage for work not performed on schedule.
Re: Independent Contractor Status
Employees receive a salary and independant contractors do not. Simply calling someone an independant contractor (IC) does make that person one. To determine your status as an IC or employee you have to consider your role in the business, the nature and degree of control you have in performing your job, where do you work, who pays for materials you use in your work and other issues. You question has too few facts for me to give you a complete answer. Give me a call or send me an e-mail if you would like to discuss this in more detail.
Re: Independent Contractor Status
You do not sound like an independent contractor to me. If you are not, you may have rights under the Fair Labor Standards Act for unpaid overtime. Depending on the size of your employer's workforce, you may have been discriminated against on the basis of religion, in violation of federal and state law.