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Independent Contractors

Does your employer classify you as an independent contractor and have you work hours upon hours every week without paying you overtime?  If your job duties show that you qualify as an independent contractor, then the Fair Labor Standards Act does not apply to you and your employer likely is complying with the law.  

However, if your employer is classifying you as an independent contractor, but your job duties show that you actually should be classified as an employee, your employer may be violating the Fair Labor Standards Act by misclassifying you and denying you the overtime to which you are entitled.

Independent Contractor vs. Employee Analysis

To determine whether you are an independent contractor or an employee, generally, a court will look to the economic reality of the relationship between you and your employer and whether that relationship demonstrates dependence.  Among the factors that may help to determine whether you are an independent contractor or an employee:

(1) the nature and degree of the employer's control as to the manner in which the work is to be performed;

(2) your opportunity for profit or loss depending upon your managerial skill;

(3) your investment in equipment or materials required for the task, or your employment of workers;

(4) whether your services rendered require a special skill;

(5) the degree of permanency and duration of the working relationship between you and your employer;

(6) the extent to which your services rendered are an integral part of the employer's business.

Even if your employer is telling you that you are an independent contractor, it may be misclassifying you and denying you overtime to which you are entitled under the Fair Labor Standards Act.  If you think your employer might be misclassifying you as an independent contractor, please contact a Fair Labor Standards Act lawyer at Weiner & Sand LLC to discuss your rights. 

Weiner & Sand LLC

Employees and individuals have rights under both federal and state laws that cannot be violated. If you believe your employer has withheld wages that are owed to you, a background reporting company violated your rights with respect to a background report, or a credit reporting agency reported inaccurate information about you, please contact us.

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Even if you are not sure of the law and whether your employer violated your rights, we would be pleased to discuss your concerns with you.