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Is it legal for an employer to pay only half the rate of pay?

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knightk7

Junior Member
I worked as an independent contractor for a startup company. I was a part time Zumba instuctor. For the first week, it was mandatory to be on site for the duration of the time of classes taught even if there was no one to teach. At the end of the business week, I along with the other instructors were told we would only be paid half the rate of pay for classes that we didn't teach due to no students and that next week we'd be on call uncompensated. Is that legal?
 
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LdiJ

Senior Member
I worked as an independent contractor for a startup company. I was a part time Zumba instuctor. For the first week, it was mandatory to be on site for the duration of the time of classes taught even if there was no one to teach. At the end of the business week, I along with the other instructors were told we would only be paid half the rate of pay for classes that we didn't teach due to no students and that next week we'd be on call uncompensated. Is that legal?
If you are legitimately an independent contractor then you do not have an employer and employment law is irrelevant to the situation. If you should be an employee and are being misclassified as an independent contractor then you must at least be paid minimum wage for the hours worked.
 

commentator

Senior Member
If you were a legitimate contractor, the "employer" would be you, and you would make the decision whether or not to be on site if no one shows up for the class, as contractors set their own hours. You are a misclassified part time employee, and if they are not paying you at least minimum wage for any hours you work, you should speak to Wage and Hour division of the department of labor in your state. Of course, you should also request that they treat you as an employee, put you on the payroll, and quit doing the work if they refuse to do so, want to continue this 1099 you're a private contractor drivel, but that's another issue.
 

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