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I worked for a non-medical home healthcare agency. The employer hires all his staff as contract employees. The State of Colorado Healh dept. told him he needed to withold taxes for anyone seeing Medicaid (HCBS) patients. They said since I was the Director of Nurses I needed withholdings from my check. He never did this.
As a Contract staff can he reduce my pay. FOr instance. I signed a conract that he was to pay me $40.00/hr for 24-32 hrs per week. After state survey he reduced my hours to 20 hrs. per week. He did not re write my contract, he just told me what he was going to do. Since I am contracted shouldn't he have to re-write the contract to make it binding, legal? Does he owe me any back pay?


If you have a written contract as described, then you should have a legal right to enforce that contract through the courts.  The issue about withholding taxes is another matter, which may depend on whether under state and federal law you would be found to be an employee, even though you are treated as a contractor by the agency.

This could affect your personal tax liability as well as the agency's.  I suggest you get in touch with a local employment attorney as soon as possible to discuss your options.  If you don't know an attorney you can get a referral from the local city or county Bar Association.  Do a search on the name of your locality and the words "bar association referral" and you will quickly find a website where you can get contact information for attorneys specializing in employment law.

I hope this is helpful to you.

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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