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One of the major challenges facing many independent workers involves trying to determine whether their work should be performed on an employee- or independent-contract basis. This is especially true for those in the construction field, since many times a worker is misclassified as an independent contractor, even though the “employer” insists on holding him or her to the same rules and regulations as a regular employee.
In response to the many questions the Houston fair wage lawyers at Kennedy Hodges receives on this topic, we want to provide readers with one of the best tips for ensuring that construction workers and other misclassified employees receive the overtime that they are entitled to under the Fair Labor Standards Act (FLSA).
Establish your business relationship before the work starts. Talk to the general contractor, or main employer, and determine exactly what work needs to be done and how it should be completed.
The U.S. Department of Labor offers guidelines for having these difficult or confusing conversations. Some of the questions that should be asked include:
It is not difficult to be misclassified as an independent contractor in Houston. If you feel this has happened to you, order your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 today. You can also tell us about your situation by filling out our online form, and an attorney from Kennedy Hodges, LLP with get right back with you to schedule a free consultation.
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