The difficulty here is not that independent contractors should be getting overtime pay for excessive hours they might put in on a project – they do not get overtime pay, regardless of how many hours they work, since independent contractors are not “employees” and are thus not covered under the FLSA. Rather, the problem occurs when an employer fails to understand that it takes a lot more than a contract to make a worker an independent contractor.
Independent contractor status does not depend upon the existence of a contract specifying that the worker is an independent contractor, or upon what the parties might call the relationship, but rather on the underlying nature of the work relationship. Some employers hire temporary workers to help them with a rush period and think that they are “contract labor” or “contract employees”, when in reality such terms are practically meaningless under wage and hour laws and payroll tax laws.
If such workers are truly employees, and they work more than 40 hours in a workweek, the employer must pay them overtime pay if they do not qualify for some sort of overtime exemption. There IRS test criteria used to determine a person is truly considered an independent contractor or an employee. Those factors can determine if a “contractor” is entitled to overtime pay.
To find out if you are eligible for past and present overtime pay, you should contact our unpaid overtime lawyers now at (855) 754-2795 to learn more about your legal rights to receive the money you are owed for your time worked. Our experienced attorneys will evaluate your case and discuss your legal options with you. We provide a Free Case Review and there are no legal fees or costs until you receive your settlement.