Independent Contractor

Sometimes employees are labeled “independent contractors” by their employers in order to avoid overtime pay. Under the FLSA, a person who is an independent contractor is not entitled to overtime pay from the person who hired them. First determine if you are an “independent contractor,” then you can decide if you are owed overtime. Some criteria for being labeled an independent contractor include:

  • The amount of control your employer has over you
  •  If there is an opportunity for profit that is not controlled by your employer
  • The skill and effort required in the job
  • The permanency of the employment relationship

For detail about employer abuses, see Independent Contractor, Mortgage Broker, Show-up Time at