Does a employment contract overrule Illinois Labor laws?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a employment contract overrule Illinois Labor laws?
My husband coaches a middle school basketball team October 15 – December 14th. He is not a teacher and does not work for the school otherwise. This year in order to be a coach he had to sign an agreement and accept payment for this work in 8 installments beginning December 1 – March 31st. So he has earned his wages by December 14th but isn’t fully paid for it until March 31st. Since he had to sign a contract, does that contract overrule labor laws for timely payment?
Asked on November 3, 2017 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If he is considered an employee, it would not be legal: employees cannot waive their rights under the labor laws, and a contract which violates the law is void for illegality. So if he is paid on a W-2 basis, this is not legal. However, contractors lack the protections of employees, so if he is an independent contractor (paid on a 1099 basis), he could contract to delayed payment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.