If I am an independently contracted Houston personal trainer, am I allowed to set my own training appointments? The gym insists on telling me when to come in is this right?

 

A: No, this is not allowed, and perhaps you are being misclassified as an independently contracted Houston personal trainer. As an independent contractor, not only are you allowed to set your own schedule, but the gym would also be forbidden from telling you when to arrive and when to leave the job site.

You are also entitled to use your own equipment, choose where you want to train your clients, and even work for more than one gym at a time.

In addition, independent contractors should never be required to manage or oversee other employees, or perform the same duties as paid employees, regardless of how busy the facility may be at the time.

Some gyms deem their personal trainers “independent,” but still insist on exerting control over the trainer. Any time this happens, the employment relationship should be evaluated, and more often than not, that trainer should instead be hired on as an employee of the company.

The Houston fair overtime lawyers at Kennedy Hodges are more than happy to help Texas personal trainers make this distinction, and a complimentary case evaluation can be set up simply by calling 888.449.2068 today.