Depends if you are an employee or your a contractor (Business)
Simply put independent contractor (you are your own company man)
Businesses have P and L (Profit and Loss)
If you cant have a point of profit and loss then you are an employee.
for instance if I work for a company and I do my job I get paid 50 dollars. Well the company takes care of the taxes and stuff.
If I work for myself my Business takes in 80 dollars and I might make 50 after costs. But if I don't do my job right I am not protected
to make at least minimum wadge unless I wanna sue my own company because I decited not to pay myself a decent wadge.
Contractor everything is your fault.
Employee you have to at least make minimum wadge.
Of course those 2 things vary from state to state. But that is what I look at as my factor of am I independent or am I an Employee?
Can I make my schedule?
Can I do the job how I want?
Can I generate a possible Loss?
Am I told how to do the work? (this does not mean they can't tell you what they want done, they just can't tell you HOW. Example. They can't tell me what part of the project to start from. Do I run the wire inside to outside or outside to inside?)
Employee they can tell you when to sit when to stand up, when to eat, and what hotel to sleep at.
I make it very known when someone trys to tell me that I have to do a job at particular time and date. I look at them and tell them straight up. Pay my insurance pay my gas and pay my overtime. Because your treating me like an employee and I am NOT an employee. Then they start singing a different tune very quickly.
I had one company back charge me the last day I worked for them for an on time garentee. I thought it was BS, but it was the only one they ever tried to stick to me. But to take a company to court over 100 dollars is stupid. I don't work for those guys no more.
So are back charges legal? Are you an employee or a company?(I don't look at independent contractors different. Real companies have more costs. Employees and what not. But your really the same.)