How do I know if I should I be getting overtime pay?

UPDATED: Sep 30, 2022

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How do I know if I should I be getting overtime pay?

I am having problems with my employer paying me overtime I work a minimum of 50 hours a week and am not being paid for my over time when I asked my boss he said that I was a subcontractor but I do not have my own business and he makes up my hours and I use his tools and work truck, I think this makes me a employee. Is this right?

Asked on April 16, 2017 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can be a contractor or subcontractor without having your own business (e.g. LLC), but if your employer controls where and when (e.g. hours, location) you work, does or can direct you in how to do your job, and provides the equipment for you, it is *very* likely that you are in fact and employee. If you are an employee and are not exempt from overtime--and if you are paid on an hourly basis, you definitely are not exempt--the employer is breaking the law: they will owe you back overtime for hours worked past 40 in a week, and should pay you overtime going forward. They should also pay the employer portion of Medicare and Soc. Sec. tax and provide you whatever benefits they provide their other employees. Based on what you write, you may wish to contact the Dept. of Labor to file a complaint.

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