Atascocita, TX – Independent contractors do not receive many of the same benefits as full time employees. In many cases, this includes things like healthcare, vacation and sick time, along with overtime pay. This is allowed by state and federal labor laws, although in some cases employers may not be honest about who is an employee versus a contractor, and the reality of the worker’s situation and ability to decline work can be an issue. An attorney who deals with employment disputes in Texas can provide workers with more specific advice based on their situation.
What is overtime pay?
Overtime pay is an amount that is at least one and one half times the worker’s regular pay, and this must be paid for each hour beyond forty that is worked within a seven day consecutive period. Those who are full time employees must accept overtime if their employer requires them to do so, as there are no laws which limit the total number of hours that an employer can make an employee work.
Overtime and independent contractors
A person who is legitimately an independent contractor and not an employee is generally not supposed to receive overtime pay, regardless of how many hours they work. This is because independent contractors generally have discretion in terms of their own hours and schedule, while employees do not. In most cases, the contractor could choose to not work more than forty hours a week, while the employee is compelled to do so. However, there have been disputes regarding the amount of control that the worker has over their situation. If the employee has a high degree of control over their work and livelihood, they may have an argument to receive overtime, even as an independent worker. Workers who are not free to take on work from other companies may also be employees.
It is common for some companies to tell workers that they are not regular full time employees, or that they are salaried and exempt. This is often done as a way to avoid paying out any overtime and save money for the company, even if it is being done dishonestly. Workers who are curious about the legitimacy of their exempt status and ability to receive overtime should consult with an attorney. If the worker has been misclassified in the past, they can file a lawsuit to receive all of the overtime they should have been paid.
Employment lawyers in Texas
Moore and Associates is a firm that handles labor and employment lawsuits for clients in Atascocita and other parts of Texas. Their attorneys are able to explain their services more thoroughly during an initial consultation.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002