Overtime pay is a federal law. Many people are denied overtime pay they are owed because they are told they are “salaried” or an “independent contractor” and therefore do not qualify for overtime. It is not up to the employer to decide whether an individual is entitled to overtime, it is federal law. An employer cannot legally deny employees overtime by simply claiming they are “salaried” or an “independent contract”; this is a common violation of federal law and a common cause of wage theft that warrant attention from an employment lawyer.
The Department of Labor says misclassification is “one of the most serious problems facing” workers today. The law says that “economic realities of the working relations between employer and worker” determine if that worker is an independent contractor or employee, not a job title or contract. Our Nashville independent contractor misclassification lawyers commonly see workers in the construction industry and more recently in the ride-sharing industry who face misclassification. While there is no “one size fits all” with classifications of independent contractors and employees, our independent contractor misclassification attorneys are here to help you better understand your rights. Contact us if you have questions about your rights.