If you are a W2 employee I do not know of a state that it is leagal to back charge. Also any W2 employee must be paid OT for any time over 40.
1099 contractor. ALL the states that I am aware of it is not legal to back charge. The contractor has to be given the oportunity to fix the problem. 1099 contractors do not get OT. The problem is most people that are working as 1099 contractors are not. The amount of controll that the HSP's place on the contractor basically make them employee's.
Thus the reasons you have som many law suits against all the HSP's.
Re: back charges and overtime
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