I am a construction worker who is normally paid by the hour but was hired as an independent contractor on a new job site. My old foreman keeps telling me when I can and cant leave for my lunch break. Is this right?

 

A:

No, it is not right. As an independent contractor, you have the right to make your own hours.

Anytime you have worked as an hourly employee and then are hired on under the same crew as an independent contractor, but must still adhere to the crew’s rules, a red flag should be raised in your mind.

The foreman is not allowed to set your hours, determine your pay, or even tell you when you can and cannot leave. As long as you are following through with your end of the contract, the foreman, crew manager, or general contractor has no control over you, since you are not their employee.

If they are trying to get you to adhere to their rules, then you are probably misclassified and should more than likely be considered a regular employee, which would make you eligible to receive overtime pay and minimum wage.

Always make sure to sit down and talk with the employer or person in charge before agreeing to be classified as an independent contractor. If you do agree to work independently, make sure that you have a strong contract in place signed by both parties, to protect you in the event that something goes wrong with the project later on down the road.

If you are working as an independent contractor, your foreman is trying to control your hours, and is not willing to hear you out, contact the employment lawyers at Kennedy Hodges for help. They will provide you with a copy of their free book, The Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim, and they will also sit down with you – for free – to evaluate your case and discuss your options. Protect yourself by calling them today at 888.449.2068 or by filling out this contact form to schedule your free case evaluation.

The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.