Can my employer require me to bill a third party for my compensation?

UPDATED: Sep 30, 2022

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Can my employer require me to bill a third party for my compensation?

I work as a sheet metal installer in
Pennsylvania and my boss is having me
invoice the company who hired our firm to do
the job versus paying me through the company
I work for.

I’ve always received my compensation from my
employer, never a third party. Is this allowable?

I think my boss is trying to get out of paying me
rate and this is how he’s going about doing it.
Just not sure if it’s legal since it’s never been
done to me before.

Asked on April 20, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your employer had you do the work, your employer has to pay you: any time you do work at your employer's instructions, that is work done for the employer, not the client, and the employer must pay you. If they won't, you could sue them for the money (e.g. in small claims court, as your own attorney or "pro se") or else file a complaint with the department of labor. It would be different if you contracted directly with the client and your employer was not otherwise involved--e.g. you were "moonlighting" or doing a job on the side. Then the employer would not have to pay you and you'd need to seek employee from the client with whom you can contracted.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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