Legal Question in Employment Law in Virginia
My firm is paying our counselors a job rate for each counseling session they perform. Under the FLSA, are we required to track all of the hours they work for the purpose of determining if they are eligible for overtime?
1 Answer from Attorneys
FLSA and "jobs"
The answer is...it depends! First of all, what is the nature of your business? Are the counselors ICs (independent contractors) or employees? If you aren't sure what the difference is, then you need to start with that question. FLSA (Fair Labor Standards Act) does not apply to 1099/IC folks. However, if your counselors are employees, then merely "paying them by job" does not relieve your duty to pay overtime and track hours.
If you need further assistance determining the difference between employee and contractor, give us a ring! You may reach us at 703-402-2723.
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