Your employer calls you a 1099 employee or independent contractor, but your employer controls many aspects of your work
Your employer calls you a 1099 employee or independent contractor, but you are not able to negotiate your pay
Your employer calls you a 1099 employee or independent contractor, but you are working for the company indefinitely, instead of on a per-job basis
Your employer calls you a 1099 employee or independent contractor, but you have no risk of serious loss if a project you are working on doesn’t get done right.
Many companies hire people as independent contractors. Under the Fair Labor Standards Act, only employees are entitled to protection. This means that if you are an independent contractor, you are not entitled to the FLSA’s protections.
However, the vast majority of independent contractors are not truly independent contractors. The FLSA has specific requirements on who may be considered an independent contractor. If your company tells you where to be, what to do, how to act, or what not to do, this makes it far more likely that you have a right to minimum wage and overtime. In other words, the more control your boss or company has over you with respect to your work, the less likely you are to be an independent contractor.
If you cannot dictate how much you will get paid, and if your job is open-ended, meaning you can work there indefinitely instead of a project or job-specific end date, you are likely not an independent contractor.
Attorney Michael Hodgson has successfully litigated FLSA cases involving companies that called their employees independent contractors, and would be happy to speak to you to help you find out if you might be entitled to minimum wage and overtime pay.
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