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Independent contractors are not entitled to overtime pay under the FLSA (Fair Labor Standards Act), and many employers misclassify their employees as independent contractors to avoid paying them overtime wages.  Contrary to what many employers and employees believe, a person’s job title does not automatically exempt him or her from overtime pay.  This is determined by the person’s actual duties and the details of an “independent contractor’s” relationship with the “employer”.  Read on to learn more about independent contractors and overtime pay.  If you believe you were wrongly classified as an independent contractor and were denied overtime pay to which you were entitled, an overtime lawyer from Phillips Dayes Law Firm PC can help you learn more about your rights.

Overtime Pay and Independent Contractors

Employers must only pay overtime wages to their “employees”, so it is unfortunately common for employers to label employees as “independent contractors” so that they don’t have to pay them for overtime hours. Because this can often be a gray area when it comes to overtime laws, courts need to look beyond workers’ titles and focus on the actual nature of the working relationship, or the “economic realities” of the situation. Factors that are commonly evaluated to determine whether an employee is truly an independent contractor include:

  • Permanency of the working relationship
  • Degree of control granted to the employer
  • Level of skill necessary to perform the job
  • How integral the worker’s services are to the employer
  • The worker’s and the employer’s relative investments

Learn More about Your Rights in a Free Consultation

It’s not uncommon for employees labeled as independent contractors to be denied overtime pay.  Whether this is a result of the an employers’ lack of understanding of complex overtime exemption, laws or the result of an unscrupulous employer taking advantage of his workers’ lack of understanding of these laws, it’s illegal to deny a non-exempt employee overtime pay.  If you are an independent contractor and are unsure whether you are entitled to overtime pay, an overtime lawyer from our firm can help you learn more about your rights.  To learn whether you have been illegally denied overtime pay, contact us to schedule a free legal consultation.

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