Legal Question in Employment Law in California

I am an independent contractor and have not been paid for a month. What or how can I get my money?

Asked on 9/05/13, 12:18 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

First off at least half the time "independent contractors" are really legally employees when you look at the actual working relationship and not the label. So the first step is to contact the Bureau of Labor Standards Enforcement and talk to them about submitting a claim for non-payment of wages. If they conclude that you really ARE an actual independent contractor, then your only recourse is to file a breach of contract claim in small claims court (if the amount qualifies) or regular court if the amount is big enough.

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Answered on 9/05/13, 12:57 pm

Terry A. Nelson Nelson & Lawless

By suing if need be. IC's are not employees entitled to the help of the Labor Commissioner in collecting 'wages'.

However, to be an IC requires you actually meet all the qualifications of one, not just by the employing company calling you one to save on taxes and contributions. If you really are not a properly qualified IC, you can go file a Complaint for unpaid wages with the Labor Commissioner. They will investigate to see if you are really an 'employee'., and pursue the claim if you are. Then, if you wish to hire counsel to help you in the hearing involved, feel free to contact me.

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Answered on 9/06/13, 1:55 pm

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