Independent contractors are workers who have an independent business of their own. These types of workers typically do a specific piece type of job or task for an employer or company by using their own means and methods. Independent contractors have control over how their work is being done, even though the work is being done for someone else. Because of the nature of independent contractors’ work, Texas law recognizes that they basically work for themselves and therefore are exempt from many employer-provided benefits.
However, many employers use this fact to their advantage and will unlawfully choose to not pay overtime wages to an employee who has been misclassified as an independent contractor. Hodges & Foty, LLP is a Texas law firm with over 40 years of combined experience and board-certified attorneys, helping clients who have not been properly compensated for their overtime as independent contractors. To see how we can help with your independent contractor overtime pay case, contact one of our independent contractor overtime claim lawyers today by calling our office at (713) 523-0001 or by using our contact form.
When Can an Independent Contractor File an Overtime Pay Claim?
Independent contractors are individuals who are considered to be self-employed due to their ability to set their own hours and control the way and manner in which work is completed. The individual who works with an independent contractor and pays them for their services may only control the result of the work and should otherwise have no employer-employee relationship with them.
When determining an individual’s ability to file for overtime wages that have been withheld, one distinguishing factor that can be used to determine if they should be exempt or non-exempt from these wages is whether or not the employer has a degree of control over the independent contractor’s work. To determine if the employer who contracted work from you held a degree of control, one of our independent contractor overtime claim attorneys will have to turn to the following factors:
- The degree of control exercised by the employer
- Skill and initiative required to perform the tasks and job overall
- The extent of the relative investments of the worker and the employer
- Degree to which the worker’s opportunity for profit and loss is determined by the employer
- The permanency of the relationship between the worker and employer
If you are an independent contractor but your employer has been telling you when, where, or how to complete your work, you may be wrongfully classified as an independent contractor. As a result, you may be eligible to file a claim for withheld benefits such as overtime pay, and other compensation you would be entitled to if you were classified as an employee. One of our independent contractor overtime claims lawyers at Hodges & Foty, LLP can guide you through the legal intricacies of filing your claim and help you pursue justice.
What Rights Do Independent Contractors Have?
Many workers may assume that because they are classified as 1099 employees, or independent contractors, that they have no rights as workers in Texas. However, that is not the case.
Specific rights that are unique to independent contractors include the following:
- The right to independent working conditions
- The right to a contract or written agreement
- The right to manage your own business
- The right to advertise your services
- The right to compensation
- The right to engage in other contracts
Additionally,despite independent contractors being ineligible for overtime wages due to the fact that they are not classified as employees, there are some situations in which independent contractors are also entitled to overtime pay in the state of Texas.
The Department of Labor uses the Economic Realities test to determine whether or not a worker should be protected under federal overtime laws. This test determines whether or not an independent contractor is economically dependent on the employer. If it is determined that they are economically dependent on the employer, they are entitled to overtime pay. To learn more about your rights regarding overtime pay as an independent contractor and to see if you have a valid claim, contact one of our experienced Texas independent contractor overtime claim lawyers today.
Speak With a Trusted Texas Independent Contractor Overtime Claim Lawyer Today
If you have had overtime wages withheld as an independent contractor and believe you are eligible for this pay, we are here to help you file a strong claim. At Hodges & Foty, LLP, our independent contractor overtime claim attorneys offer personalized legal counsel specifically tailored to the intricacies of your independent contractor overtime case, ensuring your employment rights are fully protected and your concerns are addressed.
As specialists in wage and hour disputes, our trusted independent contractor overtime claim lawyers are dedicated to ensuring justice is achieved for those impacted by unfair labor practices. Our independent contractor overtime claim attorneys possess years of experience in handling cases related to overtime disputes and employment law violations. If you are seeking proper compensation for unpaid overtime or related employment issues, contact our team of Texas independent contractor overtime claim attorneys at (713) 523-0001 or through our contact form.