PDA

View Full Version : Cancelled Work Shifts on Same Day - Compensation? - Massachusetts


mholdgate
11-29-2006, 06:02 AM
Howdy,

I was hired as an "outside contractor" to work occasional shifts at a Boston hospital. Once every two weeks I work 6-8 hours keeping a sleep study participant occupied (awake). However, the subjects often walk out of the studies and so my shifts are cancelled the same day I am scheduled to work. Am I entitled to compensation in this situation? If so, how much notice must my employer give in order to not give compensation?

Thanks!
Matty

Pattymd
11-29-2006, 09:50 AM
If you are properly classified as an independent contractor, any possible recourse you would have regarding your pay would be resolved by your contract. If you were an employee, things would be different.

mholdgate
11-29-2006, 10:24 AM
I see. I have been referred to as a "contractor" by a 3rd party at the hospital, however I never saw a contract (or even met my boss). Due to the unique situation It seems I'll have to ask my boss and take his word - or request a written contract.

Thanks,
Matty

Pattymd
11-29-2006, 10:28 AM
Are taxes being withheld from your checks, did you complete an I-9 and a W-4 form? If not, they are treating you as an independent contractor.

mholdgate
11-29-2006, 10:45 AM
Yes, I completed those forms and taxes are being withheld.

Pattymd
11-29-2006, 10:50 AM
OK, then they are treating you as an employee. And assuming you are nonexempt (generally speaking, paid on an hourly basis), you must be paid a minimum of 3 hours when you report for work at the scheduled day/time but are not provided with your full scheduled hours. However, if you given advance notice to not come in at all, then you don't have to be paid at all; it's only when you are scheduled, you show up, but you don't get your full hours.

mholdgate
11-29-2006, 10:58 AM
I understand - I've always been given some notice.

Thanks for the info,
Matty

Massachusetts labor Law Posters
Comply with Massachusetts regulations with one Complete Massachusetts Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.