If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to withhold payment for those hours? E.g.:
Week 1: 16 hours Week 2: 24 hours Week 3: 8 hours Week 4: 16 hours
Is it legal to not pay for the the 8 hours in excess of 16 on week 2 if the contract specifies 8 to 16 hour work weeks? Given that the contractor monitors their own work and did not request a weekly overage agreement.
To me it seems legal, but unfair, since that the hours average to 16/week in the end.
Due to the difficulty in answering, I will provide the specific clause:
The Contractor shall work on an estimated 16 - 24 hours per week or as requested by the Company. All extended hours to be rendered by the Contractor shall be pre-approved by the company, in writing.