What to do about unpaid working time?
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What to do about unpaid working time?
I am in independent contractor for a soccer company. We are required to show up and set up a field at 4:30 and finish between 7:00-7:15 for cleanup. We are only paid for 2 hours, 5-7. If we are required to show up at 4:30, shouldn’t we be paid that half hour before? Also, I received a check that bounced; it cleared then bounced. I did not have sufficient funds after paying a bill. I received a charge back fee
of $15 and an overdraft fee of $35. Is he required to cover the overdraft fee?
Asked on October 18, 2017 under Employment Labor Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First, it is very unlikely that you are truly an "independent contractor": your employer tells you where to go, when, and what to do. That means that whatever they want to call you, you are most likely effectively an employee. That in turn means you have to be paid for all hours worked--so in your case, from 4:30 to 7 or 7:15. If not paid for all hours, you could try filing a wage and hour complaint with your state department of labor and/or sue (such as in small claims court, as your own attorney or "pro se") for the money.
They would not be liable for your fees from the account being overdrawn. That is not their fault or under their control: rather, it is your responsibility to have some balance or reserve to cover unexpected situations.
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