Legal Question in Business Law in Massachusetts

I have question that I think the employer take advantage on my pay check

I worked for the agency. The agency had a contract with a hospital. I accepted the contract. I had 2 day orientation worth 10 and 12 hours. The company only gave me a check for 12 hour working day. Just to let you know, the hospital paid the agency, not me. The agency only give a traveler 1/3 of what the hospital paid them. However, agency never review their contract with hospital. Agency made another contract with a traveler. For example, a traveler might earn $17/hr but the agency earn $17 x 3= $51/hr Although the agency paid me for 22 hours, they still made lots of money out of it. However, they told me they had a check for 12 hour for me!!

Is this illegal? Will I have a case to sue the agency?

Sincerely

Praneet

Agency is in MA, the contract hospital is in CA...still it's Federal


Asked on 7/11/12, 1:54 pm

1 Answer from Attorneys

If you were paid for all the hours you worked including the orientation period at the agreed rate, then you do not have any case against the agency. If you were paid the agreed reimbursement for travel under the agreement with the agency, you do not have a case.

The fact the agency makes a gross profit on your work does not matter. If you are paid as an employee by the agency, they have to pay employer's soc security, state and federal unemployment, et cetera, plus the cost of the payroll, accounting et cetera.

The fact you feel they are making too much of the contract is simply an issue of negotiation if you get another contract offer.

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Answered on 7/11/12, 7:48 pm


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