My employer says I am an “independent contractor” and I perform the same duties as other regular employees. Am I entitled to overtime?
Maybe. Many employers try to save money by labeling workers as independent contractors, contract employees, contingent workers, and the like. Only those workers who truly qualify as independent contractors are not eligible for overtime or benefits. The test for whether or not workers qualify as independent contractors can be very complicated. The key determination is the nature of the relationship between the employer and the worker, and how much the employer controls the worker. Generally, workers who employers label as independent contractors, but control them the same as other employees, do not qualify as true independent contractors so they are entitled to overtime and benefits.