Independent contractor labor law (if it exists) as it relates to compensation

Business 3 views 1 answers
Do Arizona labor Laws as they relate to compensation apply to independent contractors? Specifically, if an independent contractor, in this case a musician playing in a band run completely by its founder, is not paid in a timely manner for services, ie performing with the band, are there requirements according to the law that could be included in a written agreement? In this case, there is currently only a verbal agreement for compensation for performance with no time perameters. For example, does the law require that compensation ("wages") be paid to the musician within a certain number of days after the performance? thanks

Attorney Answer

1
Daniel Marco ·
Independent contractor status is a complicated matter and the IRS has posted 20 factors that need to be addressed to determine whether someone is really an independent contractor or actually an employee. Let us assume, for the sake of answering this question, that you are, in fact, an independent contractor. Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. Verbal agreements are enforced as if they were in writing if you can prove the existence of the agreement to the satisfaction of the court. If there was no agreement as to the time period within which you are to be paid, the law of contract imposes a reasonableness requirement. Reasonableness varies from fact pattern to fact pattern but I would hazard to say that if your contractor has been paid, you should be as well. But, he does not have to be paid for you to get paid. If he employed you for the job, he owes you money. You can always sue in small claims court. But from now on, I suggest you name sure your agreements are in writing!
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