Does a employment contract overrule Illinois Labor laws?
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Does a employment contract overrule Illinois Labor laws?
My husband coaches a middle school basketball team October 15 – December 14th. He is not a teacher and does not work for the school otherwise. This year in order to be a coach he had to sign an agreement and accept payment for this work in 8 installments beginning December 1 – March 31st. So he has earned his wages by December 14th but isn’t fully paid for it until March 31st. Since he had to sign a contract, does that contract overrule labor laws for timely payment?
Asked on November 3, 2017 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If he is considered an employee, it would not be legal: employees cannot waive their rights under the labor laws, and a contract which violates the law is void for illegality. So if he is paid on a W-2 basis, this is not legal. However, contractors lack the protections of employees, so if he is an independent contractor (paid on a 1099 basis), he could contract to delayed payment.
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