Employers sometimes avoid paying overtime by improperly calling employees “independent contractors.” However, it is not that simple. Many factors determine whether or not you are an independent contractor. A true independent contractor will set his or her own work schedule, buy the tools and equipment necessary for his or her work, and contract to work with more than one employer. You could be entitled to overtime pay and other compensation if you have experienced any of the following:
- Your employer determines what your job duties are;
- Your employer requires you to work at specified times or places;
- Your employer has to authorize the number of hours you work or when you begin or finish work;
- Your employer requires that you work only for that particular employer; or,
- Your employer provides the tools and equipment you need to do your job.
If you have been classified as an “independent contractor” but you are really a regular employee, you might have been underpaid. If so, you could have a case against your employer.