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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...

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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...

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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....

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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,...

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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...

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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...

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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...

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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...

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If you work in the oil and gas industry and receive a flat daily rate with no overtime, you are not alone in questioning whether your pay structure complies with federal law. Thousands of field service technicians, drill crew members, pipeline inspectors, mud loggers, and...

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If you work overtime and your paycheck seems lower than it should be, the problem may be how your employer calculates the "regular rate of pay." Under the Fair Labor Standards Act (FLSA), 29 USC § 207(a)(1) requires employers pay overtime at one and one-half...

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