Unpaid wages, overtime and expenses as independant contractor.

I worked as an independant contractor as a physisian with a Locum company based in Florida. The actual work "client"- hospital was in Columbus, OH. Prior to assignement I was promised a daily rate of $2400/day for 0 to 8 hours and $300/hour any extra hours after 8 hours. I was also promised any weekend day I work, will be given $2400/day. However the actual payment did not have any overtime and the weekends were paid at $1000/day. When I approached the manager of the locum company, he said that he is working with the "client" hospital to make it right. However despite 4 months of work, it never happened. He also refused to pay the overtime, which is written in the confirmation letter for the assignment. The confirmation letter does not mention anything about the weekend rate, however his emails prior to asssignment mentions the weekend rate. I am currently resident of Pennsylvenia. My questions:

1) What are my options to settle this dispute?
2) Can I go through department of labor or I have file a lawsuit?
3) What state do I file the lawsuit?

Thank you in advance.

2 answers  |  asked Oct 8, 2014 12:43 PM [EST]  |  applies to Ohio

Answers (2)

David Neel
Neil's advice is sound.

posted by David Neel  |  Oct 9, 2014 07:45 AM [EST]
Neil Klingshirn
As an independent contractor, you have only the contractual rights to overtime and weekend pay negotiated in your agreement with the Locum broker. It sounds like your Agreement might be evidenced in a couple of places, so there could be a dispute about its precise terms. However, if you prove the existence of the agreement you described in your question, then you would have a breach of contract claim.

Independent contractors do not not have a statutory right to overtime pay. As a result, the Department of Labor would not be able to help you, unless you were in fact an employee of the Hospital client of Locum company.

Your options for settling depend on the strength of your claim. If you have a 100% winner (no one ever does) and it costs you nothing to win (it actually costs tens of thousands of dollars), then your claim is worth what you are owed, and the Locums company should be willing to pay you that to avoid its own litigation fees. Your claim is not a 100% winner, though, and litigation has costs, so you have to factor those things in.

As a general rule, you need to file suit in the state in which the defendant resides, has its principal place of business, or where the claim arose. If it is possible to file in more than one state, then you need to make a strategic decision about which state is the best venue for your claim.

I recommend that you schedule a consultation with an experienced employment lawyer. We charge $200 for our consultation. Our goal in your case would be to arm you with a negotiation strategy that would get you paid without, if possible, going to court.

posted by Neil Klingshirn  |  Oct 8, 2014 1:07 PM [EST]

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