I have an agreement with my employer that says that I am an independent contractor. I have been working for him for 3 years and he treats me like all of the rest of the people who are employees. Am I am employee or an independent contractor when deciding if I should get overtime?
By Deskin Law Firm
It is important to know that an independent contractor does not get overtime, only employees can get overtime - and even then, only certain employees. The language in the contract that you have with your employer that calls you an independent contractor does not necessarily mean that you are in fact an independent contractor either.
There are some factors to consider in determining if you are an independent contractor or an employee.
- Whether your employer have the right to control the manner and means of you performing your work. This is the most important consideration.
- Whether the employment relationship can be terminated at will.
- Whether you engage in a business that is separate and distinct from your employer's business.
- Whether the work is done under your employer's direction or without supervision.
- Whether you work at your employer's workplace on your employer's computer and with your employer's materials.
- Whether you have been working for your employer for a long time.
- Whether you can hire or fire others.
- Whether you are paid by time, piece, rate or job.
- Whether you and your employer believe you are creating an employment or independent contractor relationship.