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insuffient funds check from temp agency, late release of prior checks California

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  • insuffient funds check from temp agency, late release of prior checks California

    I am a RN Nurse. I have been working for a staffing agency that places me in facilities on a daily basis. I am 1099 with her. I am paid for missed lunch, overtime (time & 1/2) by company A. As far as i know, no other benefits. My 1st question is: Employer A delivered me 2 checks on Nov 3rd. I tried to deposit them at her bank and only one check cleared. I notified employer A and she assured me there would be funds the following Wednesday.It has now been 9 days since pay day and since the check has not cleared. I went to the bank every day this week to try to cash the check, but no funds in her account. I am now delinquent on my car payment, rent and medical insurance.
    Employer A has been very inconsistant with her pay scedule and she pays us when "she gets paid" from the facility in which I worked. The pay period prior to this, also had problems. She would not release a check to me when the sceduled "pay day" came. She held the check and did not release it to me until 5-8 days later.
    I do not know where to go, who to ask for help. I am desperate to cash the check! I do not want to be evicted.
    Thank you!!
    Kris

  • #2
    1. I question whether you are being properly classified as an Independent Contractor. The state of California generally considers staffing agency nurses to be hourly, non-exempt employees vs. independent contractors http://www.dir.ca.gov/dlse/opinions/2000-05-17-1.pdf. My firm has been involved in four (4), recent, class action lawsuits against some of the largest, nursing agencies in California. All of the agencies treated their workers as W-2 employees, not 1099 Independent Contractors. Despite violating a myriad of other labor laws, this was one law all the nursing agencies did get right.

    2. Regarding your NSF checks, California allows you to recoup treble damages (three times the amount of the bad check - up to $1,500) if you satisfy certain requirements. California Civil Code 1719 explains the what you need to do http://www.leginfo.ca.gov/cgi-bin/di...file=1708-1725
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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