Sanjay
12-27-2005, 05:59 PM
As a real estate agent working as an independent contractor affiliated with a franchised brokerage...
1) What limits, if any, are there to requirements the brokerage can impose upon the agent for attending weekly meetings, or "pulling manditory floortime shifts"?
2) Are there limits to the number of hours and/or times of day an independent contractor (real estate agent in this case) can be required to "work" without compensation?
For the first 4 months I was affiliated with this brokerage, no such requirements existed.
Thanks in advance for any insights you can provide.
Pattymd
12-27-2005, 06:03 PM
All these terms are controlled by your contract. Wage and Hour laws apply only to employees, not ICs.
CompensationCounsel
12-28-2005, 07:35 AM
BUT, one thing to note. Under the new Independent Contractor Law from July, 2004, it's not clear whether most real estate agents can remain properly classified as Independent Contractors. There's a lot of proposed legislation to clarify these issues, but I think most of these arrangements fail the current I/C test. BUT there haven't been any cases yet, so that's merely my opinion (although many of my employment law colleagues agree).
Sanjay
12-28-2005, 09:04 PM
Thank you both, for the useful information.
Ed Kilroy
05-17-2007, 10:27 AM
I worked for a real estate office that specializes in rentals
My problem is getting paid – the compensation is 50% of the fee which is equal to one month’s rent
In this office what happens is that the agent takes the client on showings, and then if the client wants to proceed with an application the client is brought back to the office.
The client is introduced to the office manager and that is the end of the agent’s involvement.
The office manager:
Completes the application
Conducts credit checks
Collects application fee
Negotiates with the landlord on behalf of tenant
Collect landlord required deposit (usually one months rent)
Collects brokers fee
Files all necessary documents with the landlord to complete the transaction
Bills landlord for broker fees (if not paid by client)
If the client pays half the fee the office keeps that portion and the agent has to wait until the landlord pays there portion of the fee
Now I’m being told that;
One of the landlords isn’t paying the agreed amount of ½ the fee (something I had no control)
That some have not paid at all –the landlords claim they were not billed or billed incorrectly, this is after months of asking for my money !!
I’m still waiting for payment on some of the deals !!
My contention is I should be paid regardless of the mismanagement by the real estate office because I had no control of the financial process.
I feel that the office over stepped their position in this situation of treating agents as independent contractors
Obviously I have left the agency but am still chasing commissions
ElleMD
05-17-2007, 01:50 PM
Please don't tack your question onto a thread that has been dormant for years in teh future. It confuses the issues.
If you are/were an IC, then you will have to pursue this through the courts as the DOL would not govern here. If you want an opinion as to whether or not you are correctly classified, you can speak with the DOL.