OVERTIME: INDEPENDENT CONTRACTOR V. EMPLOYEE
One of the largest issues for employers is whether to classify individuals as employees or independent contractors. Classification as an employee or independent contractor effects the way an individual is paid and dictates whether an individual is protected by the Fair Labor Standards Act (FLSA). Employees are protected by the FLSA, therby mandating employers to comply with its provisions regarding minimum wage and overtime pay. Employers decide whether a person is an employee or independent contractor by analyzing his or her job duties.
The FLSA requires that most employees be paid at least the federal minimum wage for all hours worked and be paid overtime at time and one-half of the “regular” rate of pay for all hours worked over 40 hours in a work week for overtime. For more information on how to calculate the “regular” rate of pay, see our recent blog post https://www.thefriedmannfirm.com/blog/ and the Department of Labor’s website http://www.dol.gov/whd/regs/compliance/whdfs23.pdf.
Therefore, if you are an employee, you are protected by the FLSA and must be paid minimum wage and not less than time and one-half of your regular rate of pay for all hours worked over 40 hours in a workweek. The “regular” rate of pay will vary, depending on whether any non-discretionary bonuses or other types of compensation are included in your regular rate of pay. If you are strictly an hourly employee, overtime calculations are fairly straightforward.
The FLSA provides an exemption from the FLSA for certain types of employees. This means an employer is exempt from paying minimum wage and overtime pay, as mandated by the FLSA, if an employee falls into a certain classification of jobs. Those exempt from the FLSA include executive employees, administrative employees, professionals, outside sales employees and certain computer employees. For information on the professional exemption, click here https://www.thefriedmannfirm.com/the-flsa-professional-exemption-in-ohio/. Other posts on the executive, administrative and outside sales employees will follow.
To qualify for an exemption, employees must generally be meet certain tests regarding their job duties and be paid on a salary basis of not less than $455 per week. Information on the salary basis requirement can be found here: http://www.dol.gov/whd/overtime/fs17g_salary.pdf. Information on job duties of each specific exemption can be found here: http://www.dol.gov/whd/overtime/fs17a_overview.htm.
It is always best to consult with an attorney to determine whether or not you are truly exempt. Misclassification lawsuits (those where the employer incorrectly classifies employees as independent contractors) are extremely common. Our Columbus Employment Lawyers can answer all of your questions and help you determine whether you have been correctly classified.
If you are an independent contractor, you are exempt from the protections of the FLSA and the employer does not have to comply with the FLSA minimum wage and overtime regulations. Independent contractors are often paid on a “per job” basis. For factors that are considered in deciding whether an individual is an employee or independent contractor, visit the Department of Labor’s website: http://www.dol.gov/whd/regs/compliance/whdfs13.htm.
If you believe you could be misclassified, contact a Dayton employment lawyer at The Friedmann Firm Today.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.