Blog

When a 1099 Worker May Claim More Overtime in TexasKey Takeaways: Texas workers paid on a 1099 may still be entitled to overtime if they were actually employees rather than independent contractors. Unpaid overtime claims typically reach back 2 years, but may extend to 3...

READ MORE

When Is Checking Email After Hours Considered Working in Illinois?Key Takeaways: If you are a non-exempt employee in Illinois and your employer knows you check work email after hours, that time may be compensable under both federal and state law. Illinois adopts the FLSA's "suffer...

READ MORE

Key Takeaways: Workers labeled as independent contractors may still qualify for overtime if misclassified under federal law. The Fair Labor Standards Act (FLSA) uses an economic reality test to determine worker status. Recent regulatory changes have created uncertainty, but misclassified workers retain legal options. Understanding...

READ MORE

Key Takeaways: Day rate workers covered by the FLSA may be entitled to overtime pay for hours worked over 40 in a workweek. Your employer must convert your daily flat rate into an hourly regular rate and pay at least 1.5 times that rate for...

READ MORE

No, a 1099 label or classification alone does not make you an independent contractor under Texas or federal law. Many workers across construction, delivery, home health care, oil and gas, and other industries receive a 1099-NEC at tax time and assume that settles the question....

READ MORE

If you spend time after your shift cleaning equipment, removing protective gear, or sanitizing your workstation, you may be entitled to compensation under federal and Texas law. Many workers across manufacturing, warehousing, healthcare, and hospitality assume post-shift cleanup is unpaid work they must absorb. However,...

READ MORE

Yes, a staffing agency can be held liable for overtime violations under federal law. If you work through a staffing agency and haven't received proper overtime, both the agency and the client company may share legal responsibility. The Fair Labor Standards Act (FLSA) requires nonexempt...

READ MORE

No, a day rate is not the same as a salary under Texas overtime law. If you work in the oil and gas industry or another field where you earn a flat daily amount, you may assume that a high daily rate means you are...

READ MORE

Yes, shift differential pay generally must be included in your overtime calculation under federal law. If you work evening, night, or weekend shifts in Texas and receive extra pay for those hours, your employer must factor that additional compensation into your "regular rate" before calculating...

READ MORE

If you work regular hours, follow company instructions, and use company-provided tools, you may legally be an employee even if your employer calls you an independent contractor. Illinois uses the ABC test in several important legal contexts to determine worker classification, and this test starts...

READ MORE