Are Independent Contractors Eligible for Overtime Pay?

The answer to this questions really depends on whether you are actually an independent contractor. True independent contractors fall outside of the Fair Labor Standards Act, however, many employees are incorrectly classified as independent contracts so the employer can avoid overtime regulations, taxes and other legal responsibilities. As such, it is important to look at the actual job, the control of the employer over the job and similar factors to determine if you are entitled to overtime pay. If you or someone you know feel that you have been wrongly classified as an independent contractor and feel that you are entitled to overtime pay, then it is recommended you talk to a Tennessee employment and overtime pay lawyer right away. They will hear your case and determine if you are eligible for overtime pay compensation. If so, they will fight for you to make sure you get the paid you need.

What factors classify someone as an independent contractor?

When classifying someone as an independent contractor versus a regular employee, one of the key factors is whether or not the worker who does the job is subject to the control of the person who wants the job done. If the boss has control or the rights to control how the job is done and when it is done, then they are most likely an independent contractor. These workers also have a written agreement or contract about the work they will be doing and are typically given a 1099 tax form instead of a W-2. Other factors that may determine whether someone is an independent contractor may include but are not limited to:

  • If the worker is involved a different job than the employer
  • Whether or not the work is a main part of the business or not
  • Whether the boss supplies the tools needed to do the job
  • The location of the job
  • Whether or not the job is permanent
  • The amount of skills needed to do the job
  • The way payment is handled with the worker

Some companies that often misclassify their employees as independent contractors may include cable television installation businesses, businesses that deal with technology, cleaning businesses and construction businesses.

What can I do if I have been misclassified as an independent contractor instead of a regular employee?

According to the Fair Labor Standards Act, if you are misclassified as a independent contractor not only can you make a claim for not being paid overtime, but you may also be able to make a claim for not being paid minimum wage, not being given benefits that other employees receive, or being denied unemployment pay or workers’ compensation pay if the worker is injured while performing tasks for their job.

It is all too common for employers and businesses to misclassify or misrepresent their employees so that they do not have to pay them overtime or other benefits. However, if your job duties determine that you should be classified as a regular employee but you are not, then it is advised that you speak with a knowledgeable and caring Tennessee employment and overtime pay attorney with the Higgins Firm about your case. We understand that you deserve to be paid properly for the hours that you work. We will fight for you to make sure that you get the compensation that you may be eligible for. We will also make sure that the company or party responsible for violating your rights under the Fair Labor Standards Act are held responsible for their actions.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.