Overtime Compensation

UPDATED: Oct 1, 2022

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Overtime Compensation

I am a contract employee through a company. When I signed all of my onboarding
paperwork, I specifically asked about OT pay. The individual said I was eligible.
The contractor handbook said i was eligible for OT pay as well. I have yet to be
paid time and half for my OT hours like it states in the handbook and the email
correspondence I have from the company representative. now they are trying to get
me to sign new paperwork agreeing to straight pay for OT hours. I am refusing to
sign new paperowork because they owe me time and half based on the original
agreed upon and signed paperwork. Am I wrong?

Asked on February 22, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are *truly* an independent contractor, you don't get overtime--only employees do. Independent contractors are only paid what the contract or agreement says they are paid. However, if you meet the criteria to be considered an employee, then so long as you are not an exempt salaried employee, you must be paid overtime when working more than 40 hours in a week, regardless of what they call you. So the issue is, are you really an employee?
You can find the criteria for when someone is an employee (regardless of what they are called) on the U.S. Department of Labor website under "independent contractor" (search for that term on the website). Look those criteria up and compare to your job. In brief, if your employer tells you what hours to work, tells you where you must work, and can manage or direct how you do your work, you are most likely an employee and, if not salaried exempt, would be entitled to overtime pay when you work more than 40 hours.

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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