Some employers attempt to evade or make a mistake with regard to the overtime laws by calling certain workers "independent contractors" as opposed to using the term employees. However, the employer’s choice of terminology is makes little difference. An "independent contractor" may be entitled to overtime if one or more of the following factors are present:

• Exclusivity: the worker in question works only for the employer

• Importance: the worker’s services are an important and integral part of the employer’s business

• Control: the employer controls or sets the worker’s work hours and place and manner in which the worker performs his or her work

• Equipment: the employer purchases or supplies the worker’s equipment, tools, and facilities necessary to complete the work

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United Employees Law Group, PC
Walter L. Haines
Attorney at Law

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