Texas Independent Contractor Lawyer
Under the Fair Labor Standards Act (FLSA), independent contractors are not “employees” and 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 a company says that you are an independent contractor, you aren’t entitled to overtime pay. Learn about your employment rights by speaking with a seasoned Texas independent contractor lawyer to find out whether you may be entitled to overtime pay.
What Does the FLSA Say About Independent Contractors?
The FLSA is a long-established federal law that requires employers to pay non-exempt workers at least time and one-half for hours worked over 40 per week. This law applies only to employees – independent contractors are not considered employees and are not protected by the FLSA.
To classify as an independent contractor, the worker has to meet the test requirements for independence. This test looks at the amount of control and direction the company exercises on the worker, including whether the company sets the worker’s hours, directs how the work must be done, 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.
Common Independent Contractor Overtime Problems
Many contractors hire “independent contractors” who in reality should be classified as employees according to the test mentioned above. While it’s legally your employer’s responsibility to properly classify you as 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. To find out whether you are an employee or an independent contractor, contact an experienced Texas overtime attorney to assess your work situation.
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 wage laws surrounding eligibility for overtime. 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. 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.