UPDATED: Oct 1, 2022
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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.
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