Q: Employer says if I don’t last 6 days total I don’t get paid for 3 days training or the days I worked. So like 5 days

A: This is not a lawful practice by this employer. If the training relates to how to do the job, you must be paid for the training and the work, whether or not you are successful. Also, you are likely being misclassified as an independent contractor where the law would probably classify you as an employee.

If you are not paid, it would be wise to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: If you are actually an employee, the employer is required to pay at least minimum wage for all hours worked. There is not enough information in your post to determine if you are an employee.

For information on how to determine if you are an employee or an independent contractor according to the California Division of Labor Standards Enforcement go to:

https://www.dir.ca.gov/dlse/faq_independentcontractor.htm

A: No, this is not allowed. As an independent contractor, you should be paid for the work you perform, regardless of whether you complete a certain number of days. This includes the training period and any days you have worked.

Your employer’s condition of withholding pay if you don’t last six days could be a violation of labor laws. Independent contractors are entitled to payment for their services as agreed upon in your contract, and any work performed must be compensated.

Consider discussing this issue with your employer to clarify your rights and their obligations. If this does not resolve the issue, you might need to consult with a labor attorney or contact your state labor department for further assistance.