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Backpay for contractors Colorado

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  • Backpay for contractors Colorado

    Hi everyone, I am a contractor with business name removed. I am currently assigned to work at a top 2 computer company as a Tier 1 help desk agent. Ive noticed that alot of times when a Tier 1 agent is promoted to Tier 2, it takes 1-2 sometimes 4 months for that person to get their raise, and they dont get back pay for the months they waited. This doesnt seem fair at all, being promoted and doing the work and not being compensated for it. Im curious as to whether this is something anyone has dealt with before and does it matter if Im a contractor or not? Im still entitled to be payed for the work I did right?

    edited to remove company name- cactus jack
    Last edited by cactus jack; 02-18-2013, 11:56 PM.

  • #2
    When you say you are a contractor, what do you mean? Are you an independent contractor who works for other clients as well? Are you an employee who has a contract? Are you a temp from an agency (my employer refers to them as contractors for ID purposes).

    It makes a difference to what laws are in play.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      When you say you are a contractor, what do you mean? Are you an independent contractor who works for other clients as well? Are you an employee who has a contract? Are you a temp from an agency (my employer refers to them as contractors for ID purposes).

      It makes a difference to what laws are in play.

      Yes, I am a Temp with an agency.

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      • #4
        Then what happens to employees of the company has nothing to do with you. You are not employed by them; you are employed by the temp agency. As long as you are paid according to your contract with the agency, that's all that matters. How the employer you have been contracted to pays their employees does not affect how your employer (the agency) pays you.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          Then what happens to employees of the company has nothing to do with you. You are not employed by them; you are employed by the temp agency. As long as you are paid according to your contract with the agency, that's all that matters. How the employer you have been contracted to pays their employees does not affect how your employer (the agency) pays you.
          You misunderstand how it works.

          I am an employee of Temp agency. I am contracted to Computer company as a tier 1 IT specialist for X amount of dollars per hr. I was recently promoted by Computer company to a tier 2 IT specialist which comes with a raise. Now, the way it was explained to me by my vender manager(temp agency) is that the Computer company has to approve the raise, because they would be paying the Temp agency more as well. What my question was or is this. The Computer company and Ive seen it with other Temp's, will promote individuals and they wont process the raise that comes with it for sometimes 3-4 months, and they dont pay back pay for the time they have been working at a higher level.

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          • #6
            That is NOT how it normally works with agency temps but okay - maybe your agency does things differently.

            In any case, as long as you are earning at least minimum wage and overtime when you work it, the law does NOT require that any increases be retroactive. Unless your contract specifically and in so many words requires that all increases be implemented exactly when the promotion takes place, the law does not care whether you even GET an increase when you get a promotion, let alone whether it's retroactive.

            I know this is not the answer you want to hear.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Agreed. Past that, you are sort of trying to mix apples and oranges. The temp agency is your employer. They give you a raise or they do not, but that is between you and the temp agency. The place you are working at is the client of the temp agency, and legally they do not care whether or not your get a raise. However they do care if their vendor raises prices on them. If I contract with a temp agency to supply someone at say $10/hr, and they later come back and say that they want to give THEIR employee a raise and pass those costs on to me, I can (amd likely) will say that I no longer need the temp (at those prices). Your agreement with your employer is not binding on your employer's client.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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