What is the difference between an independent contractorversusan hourly employee?

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What is the difference between an independent contractorversusan hourly employee?

I was hired by a floral shop as a designer but was told I was considered “contract labor” so they don’t pay me overtime or take any taxes out of my paycheck. However, I am required to come in Monday through Friday from 8:30 am to 6-6:30 pm making me work 50+ hours a week with no scheduled breaks and most days no lunch time. Can they hire me as contract labor if I am on their set schedule on a daily basis? I have been in this line of work for 40 years and never been considered contract labor before?

Asked on October 9, 2011 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Everyone these days is trying to save a buck here and there. And employers are doing so by labeling employees independent contractors in order to save on paying health insurance, payroll taxes, etc.  There are various tests that the coruts use to determine the status of a worker.  The most commonly used test deals with the issue of control.  An Employee receives instructions about when, where and how the work is to be performed.  An Independent Contractor does the job his or her own way with few, if any, instructions as to the details or methods of the work.  But there are many different levels and situations that the courts look to.  I am going to give you a link to your state's website that explains the issue in detail.  Good luck. 

http://www.twc.state.tx.us/news/efte/appx_e_twc_ic_test.html


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