Independent Contractor or Salaried Employee?

Although Your Employer Classifies You as an Independent Contractor, You May Still Be Entitled to Overtime Pay: Contact Employment Law - Wage and Hour Claims Attorney Barry Grissom

Based in Overland Park, Kansas, the Grissom Law Office represents clients nationwide, including Missouri and Kansas, with wage and hour or overtime law issues.

Although your employer may tell you that you are an independent contractor, under the law, you may still be an employee who is entitled to overtime pay for overtime hours.

To discuss your wage and hour law issues with an experienced, nationally recognized employment law attorney, schedule a FREE confidential consultation by calling (913) 484-6934.

Some Factors Used to Determine Your Status as an Independent Contractor under the Law:

There are many factors that used to determine if you are considered an employee under the law - regardless of whether your boss classifies you as an independent contractor. Some of the key factors include the following:

Do you receive direction from a boss regarding when, where, and how work is to be performed, or do you make those decisions yourself?
Does a company or your boss provide you with training?
Are you required to attend company meetings?
Do you have authority to bring in someone else to perform your work (subcontract all or part of it out at your discretion)?
Who provides the materials and labor?
Do you work solely for one person or company, or are you working for and being paid by many companies?
Do you have a set work schedule or are you free to choose your own hours and days for working?
Does the company furnish your tools and materials or are you responsible for the costs and furnishing the materials and tools needed for the project?
Can you quit or be fired?
Can you make a profit or sustain a loss based on your decisions?
Do you have a contract, and if so, is it for a specific project or is it terms of employment?

The questions outlined above are some of the factors used to determine if you an independent contractor or employee under the law (regardless of how your employer classifies you). If you are deemed an employee, then you may be entitled to overtime pay for work exceeding federal or state wage and hour laws. Because of the complexities involved in making this determination, we recommend you consult an experienced lawyer to determine if you are entitled to overtime pay.

For information about your employment law issue, or to discuss whether you are an independent contractor or employee, please schedule a confidential consultation with an experienced employment law attorney by calling us at (913) 484-6934 or filling out our intake form on our Contact Us page.

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