Texas Independent Contractor Lawyer
Under the Fair Labor Standards Act (FLSA), independent contractors are not “employees” and therefore are not entitled to overtime pay. But does this mean that an employer can simply call its workers “independent contractors” and avoid paying overtime? Never assume that just because you are called an independent contractor, you aren’t entitled to overtime pay. Learn your employment rights by speaking with a seasoned Texas independent contractor lawyer to know for sure whether you deserve overtime pay.
What Does the FLSA Say About Independent Contractors?
The FLSA is a long-established federal law that requires employers to pay workers at least time and one-half for hours worked over 40 per week. This law applies to employees – workers who are independent contractors are not considered employees and therefore are not covered by the FLSA.
To classify a worker as an independent contractor, the worker has to meet the test requirements for independence. This test looks at the amount of control an employer exercises on a worker, including the degree of skill required for a job, whether the employer supplies equipment, and other factors. This test also involves looking at the economic realities of the worker as a whole, including how much of an investment the worker has in the work, the worker’s profit and loss potential, and how related the worker’s services are to the services offered by the business.
To accurately determine if you classify as an independent contractor, you need an experienced Texas overtime attorney to assess your work situation.
Common Independent Contractor Overtime Problems
Many contractors hire “independent contractors” who in reality should be classified as employees according to the test mentioned above. If the worker doesn’t realize he or she should be classified as an employee instead of an independent contractor, the problem may persist without legal ramifications.
While it’s legally your employer’s job to properly determine whether you’re an employee or independent contractor, it’s wise to stay informed about your own worker status to better protect your rights. There are many factors that decide your classification. Never take your employer’s word as law. Consult a local employment lawyer experienced in independent contractor classifications to identify your status beyond a doubt.
Ross • Scalise Law Group | Independent Contractor Attorneys in Texas
Ross • Scalise Law Group has served Texans since 1998 and has represented workers across the nation. Our Austin law firm has a thorough understanding of the complex employment laws surrounding overtime payment. Whether you’re a true independent contractor or an employee mistakenly classified as an independent contractor, Ross • Scalise Law Group can help you understand where you stand in the workplace.
For a one-on-one consultation with an overtime lawyer in Austin, Houston, Dallas, San Antonio, or Corpus Christi (by appointment only in Houston, Dallas, San Antonio, or Corpus Christi), contact Ross • Scalise Law Group to set up an appointment with a Texas independent contractor lawyer. Our attorneys have many years of experience handling overtime violation cases, and we can give you an evaluation of your potential claim in a matter of minutes.