Employment Law Articles
Independent Contractors Are Entitled to Overtime Pay and Minimum Wage When They Are Misclassified as Employees
By Scott Adams | Employment Law Attorney
Published on March 13, 2016
True independent contractors are not entitled to overtime pay and minimum wages. This is because only employees are entitled to overtime pay and minimum wage. But, many independent contractors are misclassified and are really employees. The misclassification of employees as independent contractors has been found in increasing numbers over the last few years. Improperly misclassifying employees as independent contractors deprive employees of workplace protections such as minimum wage, overtime pay, unemployment insurance, and workers’ compensation.
Regardless of the title placed upon the individual, someone that is economically dependent on the employer is an employee. Conversely someone that is economically independent from the employer is operating a business of their own. To determine whether an independent contractor is economically dependent or independent depends on specific facts.
- Does the employer closely monitor and control the work you perform?
- Does the employer require you to wear a uniform?
- Does the employer require you to work exclusively with it?
- Does the employer dictate the work schedule?
- Does the employer dictate how, when, or where the work gets done?
If you answered yes to any of these questions then you maybe an employee and not an independent contractor.
Do you have fixed employment periods and transfer from place to place as particular work is offered them? If so, you may be an independent contractor. Do you work for only one employer and is such relationship continuous and of indefinite duration. If so, you may be an employee.
The fact that the individual signed an “independent contractor” agreement alone does not mean that the individual is not an employee. It would also depend on such inquiries as whether the employer prevents you from assigning any purported independent contractors agreement? Did you draft the alleged independent contractor’s agreement or was it drafted by the employer?
Most workers are employees for the purpose of overtime pay and minimum wage. To be sure you are properly classified and are receiving your rightful legal protections you should contact our overtime pay lawyer in Orlando FL today!. You may call us 24/7 at 407-835-8968 or fill out the online form provided on this page and we will contact you shortly. We value your privacy and will keep your information private.
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