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  1. #1

    Default Misclassified as an Independent Contractor, Cut Wages

    My question involves employment and labor law for the state of: Michigan

    I have been employed with this company since 2006. I have also been illegally misclassified as an independent contractor since hire also. In 2007, I was given a $50 a week raise to $400 for 40 hours/ week. In 2008,they added 5 extra hours a week. We DO NOT RECIEVE OT, but are deducted hourly. This brought my wages to $8.22/ hour. In 2010, it was now a 47.5 hours perwork week. This brought my pay to $7.79/ hour. BUT atleast I was ABLE to make my original salary (as shitty as it was).

    He has now been turned into the department of labor by an employee. Because of this, we now have to work a 42.5/ hour work week (only getting paid for 40), go on a normal payroll, but expect our usual salaries. I just got my check qnd saw I'm being paid $50/week, or $1.25/hour LESS! when I asked, payroll said 'he said he thought you were making too much. I told him he's been paying you that since 2007, and he said he doesn't care'.

    I WASN'T obviously expecting or informed of this cut. There are a few others with the same position as me that are making more (1/2 cash, 1/2 payroll still) but some others are getting MORE money now though. I will admit this has NOTHING to do with performance. I am one of the top employees in my area, and it is a known internally.

    Is he able to just do it, without notifying me? I know it's not ALOT of money, but 50 bucks is 50 bucks. I am possibly considering turning in my resignation soon too. Would this be a legitimate reason to quit?

  2. #2
    Join Date
    Dec 2009
    Location
    not here
    Posts
    876

    Default Re: Misclassified Contractor, Cut Wages.

    As long as your employer is paying you at least minimum wage, he is not doing anything illegal. Your employer is also legally free to pay his best performers lower rates than his worst performers/

    There are no laws restricting reasons for resignation. You are legally free to resign for any reason, from loving your job to hating your job, and any reason in between.

  3. #3
    Join Date
    Sep 2010
    Posts
    6,649

    Default Re: Misclassified as an Independent Contractor, Cut Wages

    You actually probably take home more because you are taxed less by about 7 1/2 % of your salary and only working 5% more.
    They aren't obliged to not cut your pay anyhow.

    What makes you think you need a reason to quit? Quit if you don't like it. Don't expect unemployment payments though.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,991

    Default Re: Misclassified as an Independent Contractor, Cut Wages

    Don't take this question the wrong way - I'm asking because this question has come up in the past.

    Whey you say you are working 42.5 hours per week but only getting paid for 40, do you mean that you are working 8.5 hours per day? Or that you are working 8 hours per day with a 30 minute break?

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