Legal Question in Business Law in Pennsylvania

I am working for a Hospital in Pennsylvania as a perdiem employee.

The company hired us knowing that they were going to schedule me to work 40 hours a week,

every week and demand I work as a full time employee, without paid time off ,no over time rate ,no benefits. Is this legal?


Asked on 1/18/11, 2:52 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

First, the question is what type of work are you doing.

More importantly, the question is whether you are an employee or an independent contractor. To be an employee, your employer must have the right to control the manner in which you do your work, your hours, your dress, time for breaks, etc. Another important questionis whether you are supplied with tools or equipment to do your work, or if they are supplied by the employer. If you are an employee, your employer is generally required to withhold taxes, social security, medicare, and unemployment insurance.

Also, depending on the type of job you have, you may be required to be paid overtime for over 40 hours a weeek.

I you have the right to control the manner in which you do your work, use your own tools or equipment, choose your own hours, clothing, etc., you might be an independent contractor. Each case depends on its own facts.

I would suggest 2 things: First, go to the IRS website and search "independent contractor". This should eventually take you to a form/questionaire, in which the IRS will determine, based on your answers, what category you fall under, and if your employer is not treating you under the proper classification, there is a procedure to have the IRS become involved and require your employer to make the proper withholdings.

Second, if you believe that you are not being paid fairly, you may file an online complaint with the PA Dept. of Labor. The form is at the following address:

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=622638&mode=2

Hope this helps.

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Answered on 1/24/11, 1:39 pm


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