Federal and state laws provide powerful protections for employees. These include requirements for paying minimum wage, overtime, and other benefits. However, independent contractors and some salaried employees are not covered by minimum wage and overtime laws. Accordingly, companies may try to misclassify workers as independent contractors or exempt salaried employees in order to cut costs and skirt the law.
Independent contractors do not have the benefit of numerous state and federal laws that protect their labor rights. However, that does not give companies the green light to take advantage of them. A competent independent contractor lawyer could make the case for your recovering damages because of this mistreatment. Call Tittle & Perlmuter today for a free consultation on your case.
What is an Independent Contractor?
An independent contractor is a worker who, in contrast to an employee of a company, is considered self-employed in that they do not actually work for the company. They have a contract to either perform a specific isolated task for the company or they conduct their functions at the facility of the employer.
For instance, a truck driver could be an independent contractor for a company if they have their own truck, or they can take jobs from a variety of companies that need deliveries. Being independent also means they can reject jobs if they choose to.
Independent contractors can go from company to company and take various jobs. Alternatively, someone like a mental health provider might have their own set of clients and set their schedule, perhaps at a certain facility. The facility might do the billing for them but it does not have control over how the job is done. In these situations, the contract might call for the facility to receive a certain percentage of the client’s fee.
Independent Contractors Vs. Employees
Most people who work for a company are “employees” as defined by the FLSA and state laws. “Employees” work under the employer’s direct supervision and control at designated places and times.
By contrast, independent contracts have more freedom to perform their jobs on their own terms. They may work from home or off-site and can keep irregular hours, following deadlines instead of workdays.