What is the biggest warning sign that Ive been misclassified as an independent contractor?

 

A:

If you have been told by your employer that you are now to be considered an independent contractor, there are many red flags that you can watch for to try and prove the employer wrong. Perhaps the most blatant red flag or warning sign to watch out for is the control of your work hours.

As an employee, your employer is free to set the rules for when you are to arrive at work and when you can leave, including making the determination for the actual number of hours you must put in each week. If it is over 40 and you are not FLSA-exempt, you must also be paid one and a half times your regular hourly wage for the hours over 40 you worked that week.

But as an independent contractor, your employer is not technically your employer anymore, and he or she is no longer in charge of your schedule. The company is also not in charge of any of the following:

• Determining your pay
• Telling you where to complete your work (i.e. at home vs. at the office)
• Requiring you to work full time
• Dictating who else you can or cannot work for, unless you signed a non-compete contract

The Texas fair wage lawyers at Kennedy Hodges, LLP represent clients nationwide and are always available to provide you with a free case evaluation by calling 888.449.2068.

Article:  16 ways to know you're misclassified as an independent contractor

The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
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