Legal Question in Employment Law in California

If you are being improperly classified as an independent contractor instead of an employee, then you are entitled to overtime pay for all hours worked over 8 in a single workday and/or 40 in a single workweek. If you are properly classified as an independent contractor, you are not entitled to overtime compensation. Please give me a call at (213) 381-6557 or send me an email at [email protected] if you would like to discuss the matter further.

If you are truly an independent contractor, you are entitled to and only to what your contract says. Odds are good, though, particularly if they are controlling your work hours, that you are legally an employee illegally being paid as a contractor. Just because you are being paid by the hour does not mean you are not a contractor, but that is a strong indicator that you are not. You should take a look at the factors the IRS uses to determine whether or not a person is an employee. Some good information on that is here: http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.html. Assuming you ARE legally an employee, they absolutely must pay you for all hours worked and if they are paying you hourly, they must pay overtime. There are also a LOT of other rights you have and consequences they face for failing to treat you as an employee.

Like Mr. McCormick stated, an independent contractor is not entitled to overtime. If you have been misclassified and you are in fact an employee, you then would be entitled to overtime as applicable by law. You should discuss your status with a reputable local employment attorney.

Thanks,

Arkady Itkin