Twelve Common Errors in Overtime Pay: Independent Contractors

Kevin D. Fitzpatrick, Jr. : March 18, 2012 1:13 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

9. Independent contractors 

Employees are entitled to overtime pay; independent contractors are not.  Employers often label a worker as an independent contractor to avoid paying overtime under the FLSA.  As with white collar exemptions, FLSA exemptions are always defined by what you do, not what you are called.  The most important factor in an independent contractor/employee analysis is the amount of control that the employer exercises over the worker. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?