Monday, October 3, 2011

ARE INDEPENDENT CONTRACTORS ENTITLED TO OVERTIME?

True Independent contractors are not entitled to overtime.  However, many employees are misclassified as independent contractors.  If you can prove in a court of law that you were misclassified as an independent contractor, then you can recover overtime.

NOTE:  the mere fact that you signed a contract stating that you were being hired as an independent contractor is not controlling on the issue.  Rather, in a lawsuit, the courts look not to the contractual language, but rather to the day-to-day activities of the employee.

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