Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?
The contractor claims that the contractor that he subcontracts the labor that I perform is refusing to pay him HIS agreed upon payrate for my labor (I presume that he charges a fixed amount for each employee, and pays them less, keeping the remaining money). This is his method of business. However, I am not sure if I am legally considered an employee or subcontractor? I understand the "ABC test" applies for IRS determinations, but is the test different for the Dept of Labor?
I gave my employer notice that I had found a new job and would be going to work somewhere else within 2 weeks, and his response was to request my SS card "in order to receive last week's paycheck" and that his Contractor would not be paying me the previous wage because they would "be mad". I am positive that this is a lie, and that he plans to pay me some meager indeterminate wage and pocket my actual earnings. It's a mess and he's a crook. Who do I contact to report this?
A: Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.
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