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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Independent Contractor Required to Stay Overnight at a Conference - How Much to Bill

    My question involves independent contractors in the state of: North Carolina

    I am an IC, without a contract in place, that does work for a company/client in their office. After reading postings on this forum I realize I may have been miscategorized, but that's not my issue. My issue is, recently I was required to assist at a weekend conference (Fri through Sunday) held by said company at a hotel. My work schedule is always Mon-Friday. I was required to stay overnight Fri & Sat at the hotel to assist. Said company paid for my stay. Prior to the event, we did not discuss how I would be paid for the weekend.

    My question is, without an agreement and these duties being outside of my normal duties, how am I compensated? Am I paid for every hour I am there (ie. Fri 5:00pm - Sunday 1:30pm) or only for hours in which I was actively performing company duties?

    I realize it would normally be best to discuss this with the client. However, our relationship soured, I was informed my employment was terminated and I wish to have as minimal conversation as possible with the client. I just want to receive proper compensation and move on.

    Thanks for your help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ic Required to Stay Overnight at Weekend Conference - How Much Pay Am I Due

    You should be compensated for the hours that you were actively performing work duties.

    In the future, you'd do well to have written agreements in place.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,504

    Default Re: Ic Required to Stay Overnight at Weekend Conference - How Much Pay Am I Due

    If you are an IC, then the answer to that question does not fall within employment law since IC's are not employees. It falls within the terms of your contract. If you do not have a contract, then I don't know what to tell you.

    Sounds like you have to either talk to the client, or see whether the DOL agrees that you have been miscategorized.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Ic Required to Stay Overnight at Weekend Conference - How Much Pay Am I Due

    When I worked as an IC, I included a per diem charge of $300 per day for travel expenses in any contract, whether I anticipated traveling or not. If I stayed in a cheaper hotel, ate cheaply, and took public transportation then the money I pocketed compensated me for the inconvenience of travel. Or, I just traveled in style and enjoyed myself.

    You have to agree to this sort of thing in advance. Get it in your contract.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ic Required to Stay Overnight at Weekend Conference - How Much Pay Am I Due

    well, you did have a contract. It may not have been in writing or very well constructed but you did have a contract.


    what payment you are owed is based solely on your contract. If you were paid on a purely hourly basis, then you would be owed for the time actively working for them. Unless your contract specifies they will be liable for the hotel, they went beyond what was required per your contract but do not let that be used against you should you make a demand for payment for the time worked.

    If you were paid on a set rate per week with no association to hours worked, you just spent a lot of time doing work you aren't going to get paid for.

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