Overtime aquired but not paid after 40 hours or 80 hours bi weekly

UPDATED: Sep 30, 2022

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Overtime aquired but not paid after 40 hours or 80 hours bi weekly

My employer is trying to classify me as a
private contractor. If I am an employee under
his company would I receive overtime if my
average hours worked in a week exceed 50
hours a week for the past 6 months?

Asked on October 4, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It doesn't matter what the employer calls you; what natters is what you are, based on the legal criteria for contractor vs. employee. You can find those criteria on the U.S. Department of Labor website, and should look them up and compare them to your job. In brief, an independent contractor is independent: the employer does not tell him how to do the job but just hires him to do it; the employer cannot require the contractor to work specific hours or tell him always where he must be, when--the contractor's responsibility is to get the job done, not to work certain hours at a certain location; etc. To it another way, if you are treated like an employee, you most likely are one, and must be paid overtime, have the employer pay the employer's portion of medicare, social security, etc. withholding, may be due benefits, etc. If you feel that you have been "mischaracterized" as a contractor when you are an employee, contact the department of labor (state or federal) to file a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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