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What if I am an "independent contractor?"

Q. What if I am an "independent contractor?"

A. There are specific legal requirements for determining if someone is an independent contractor. Often times employers will label someone an "independent contractor" when, in fact, they are not. There is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA. The Supreme Court has held that it is the total activity or situation which controls. Important factors to consider include:

  1. The extent to which the services rendered are an integral part of the principal’s business.
     
  2. The permanency of the relationship.
     
  3. The amount of the alleged contractor’s investment in facilities and equipment.
     
  4. The nature and degree of control by the principal.
     
  5. The alleged contractor’s opportunities for profit and loss.
     
  6. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
     
  7. The degree of independent business organization and operation.

While most true independent contractors are not entitled to overtime, if you are being misclassified as one, you are entitled to receive overtime pay.

Client Reviews

★★★★★

A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.

★★★★★

After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.

★★★★★

We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.