Can a waitress be considered an independent contractor ?

I work in a restaurant for a management company. I never signed an agreement, I’m paid by the hour and my schedule is done by the company. I have requested several times to know exactly my wage amount and have never been told. I am paid weekly and the check stub only has the dates and net amount.Also I clock in using a time clock and several times my card has been pulled at the end of the week by the management before I have quit work. When asked of management I was told they clocked me out. Sometimes this was hours before I had acually completed my shift.

Asked on July 5, 2009 under Business Law, Kentucky


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A waitress isn't an independent contractor.  I'm not a Kentucky attorney, but I'd be shocked if the law in your state is different enough for me to be wrong about this.  A worker can't be an independent contractor if she doesn't have some independence in how she goes about her work, if there isn't some exercise of skill and judgment usually.

You need to contact the Kentucky Department of Workplace Standards, Division of Employment Standards, Apprenticeship and Mediation, who will take your information and get your employer straightened out, because it sounds like they are doing a number of things improperly, from your question.

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