I was subcontracted to paint the interior of a home, and the outside painters are the employees of the company. The foreman wants me to train the employees on the proper way to paint a door. Am I required to do this for them?

 

A: No. As an independent contractor, you are not required to train any employees that are not your own. In fact, since the contractor is asking you to do this, there is a chance that you may even be misclassified as an independently contracted Houston painter as a way for the construction company to get out of paying you overtime, or paying employment taxes on your behalf.

You are the only one who can determine when you should arrive at a job, when you should leave, and how you should perform your work. As long as you produce the finished product in a way that adheres to the contract, meaning in the agreed amount of time, using the agreed colors, etc., that is the only thing you should worry about.

If the contractor insists on treating you like an employee, then he or she should be prepared to classify you correctly and pay you a fair wage and overtime pay, as outlined and required by the Fair Labor Standards Act.

The Houston fair overtime lawyers at Kennedy Hodges are more than happy to help Texas painters facing these problems, and we encourage you to call and schedule a free case evaluation today. Simply call 888.449.2068 and you will also be provided with a free copy of the book, Ten Biggest Mistakes That Can Hurt Your Overtime Wage Claim.