Independent Contractor Rights and Overtime Pay

Because, unlike employees, independent contractors generally are exempt from overtime and other minimum wage requirements, some employers attempt to circumvent state and federal wage laws by misclassifying employees as contractors. At its most basic level, the distinction between independent contractors vs. employees turns on the degree of control the employer has over the individual’s work performance. If there is a significant degree of control over your work, it is likely that you are an employee entitled to overtime and other minimum wage protections – even if your employer refers to you as an independent contractor.

If your employer is blurring the independent contractor vs. employee distinction, you (and other employees) may be entitled to a significant award of back pay. Please contact us for a free and confidential case evaluation or simply to learn more about the legality of your employer’s overtime policies.