What is the law regarding paying someone as an independent contractor in order to avoid overtime pay?

I am a caregiver and currently working in an assisted living house. I make $7.00 per hour and work 60 hours a week with no overtime pay. My employer is claiming me as a independent contracter. I have a set hourly wage and a set schedule. Is this legal?

Asked on September 11, 2012 under Employment Labor Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are an employee you are entitled to overtime compensation. If an indepedent contractor you are not. Under the laws of all states in this country, if your hours and coming and going are controlled by the person for whom you do work for, you are an employee.

If you have a set hourly wage and schedule, it sounds as though you are an employee and entitled to overtime compensation. I suggest that you consult further with an attorney that practices in the arena of employment law and/or consult with a representative with your local department of labor about your matter.


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