Do Independent Contractors Have A Right To Overtime Pay
- Home /
- Do Independent Contractors Have A Right To Overtime Pay
Just because your employer says you are anindependentcontractor doesn’t mean you are. If you are more like an employee than an independent contractor you have been misclassifiedand you may have a right to overtime pay.
According to the U.S. Department of Labor: The U.S. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA (overtime pay law). The Court has held that it is the total activity or situation which controls. Among the factors which the Court has considered significant are:
1) The extent to which the services rendered are an integral part of the principal’s business.
2) The permanency of the relationship.
3) The amount of the alleged contractor’s investment in facilities and equipment.
4) The nature and degree of control by the principal.
5) The alleged contractor’s opportunities for profit and loss.
6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
7) The degree of independent business organization and operation.
There are certain factors which are immaterial in determining whether there is an employment relationship. Such facts as the place where work is performed, the absence of a formal employment agreement, or whether an alleged independent contractor is licensed by State/local government are not considered to have a bearing on determinations as to whether there is an employment relationship. Additionally, the Supreme Court has held that the time or mode of pay does not control the determination of employee status.
If you feel that you are misclassifiedas an independent contractor, you should contact a Phoenix overtime wage lawyer by calling 1-800-706-3000 . No fees to start and no fees unless we win your case.
Free Case Evaluation
By submitting your contact information, you agree that we may contact you by telephone (including text) and email in accordance with our Terms and Privacy Policy

Your message has been sent
Thank you for your message, we will get back to you soon.
Categories:
-
I want to thank attorneys Tim and Robert and the paralegal Bethany for all they had done on my case. They were all empathetic, knowledgeable and professional. All my questions were answered, emails returned in a timely matter, and promises fulfilled. I recommend Phillips Law Group if you need help with your injury case.
-
-
It’s an Honor and a Privilege to work for a company that cares about its employees and clients for 12 years. I’ve seen Management go out of their way to help someone whether it’s a personal matter or work related. I am also reminded of many occasions where a Client needed urgent help and we as a Team were able to get the person immediate assistance. At Phillips Law we make that happen through Teamwork and a dedication to our profession. I’ve had numerous jobs in several other fields, those were just jobs. This is a home. Many of us have been here for quite a few years, it feels like one large extended family.
-
Phillips law group is a great firm! Caroline is great.
-
Jasmine Delgado is an amazing paralegal. She was patient, kind and extremely knowledgeable. Highly recommend Phillips law group
-
Two family members were in a bad wreck a couple of years ago, and as a result called Phillips Law to represent them. Montana Thompson was the attorney assigned to the case with the help of Nemo Farr as legal assistant. Mr. Thompson litigated a very generous settlement for both my stepdaughter and her son. Because my grandson is a minor, I decided to act as conservator for him to ensure the settlement was safe and secure. Montana helped with that process, but it was Nemo who went way above and beyond the call in finding a financial institution to use for the restricted account. There were some glitches in that process but Nemo helped navigate them with a calm expertise which belies his age. I would consider them both great representatives of the level of commitment to their clients and assets to their firm.
-
Jasmine , did a great job . Highly recommend!!!!!
-
Phillips is the best!! Love all that they do to give back to the community and how much they help those who are experiencing homelessness. ❤️
-
My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
-
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!