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Computer and IT The Computer Professional exemption does not apply to all computer professionals. Learn your FLSA rights by ordering our free overtime and wage claim guide.
Service Technicians Repair and service technicians are frequently denied overtime pay and are not compensated fairly or all hours worked. Contact Kennedy Hodges' overtime attorneys today for help.
Independent Contractors Are you misclassified as an independent contractor? Order a free copy of our wage guide to learn how this affects your paycheck & your overtime.
Cable Installers Satellite and cable TV installers and technicians in are frequently deprived of the overtime wages to which they are lawfully entitled. Contact Kennedy Hodges overtime lawyers today for a consultation.
Sales Representatives Sales agents and representatives should know if they are owed overtime under the FLSA. Order Kennedy Hodges' free wage and overtime book if you believe you have been cheated on your paycheck.
Tipped Employees Waiters and other tipped staff are often victims of wage theft. Tipped employees robbed of wages should order Kennedy Hodges free guide to learn your FLSA rights.
Nurses/Healthcare If you are a nurse or healthcare professional not being paid overtime order a free copy of Kennedy Hodges' wage and overtime book today. Contact our wage lawyers today for a free case review.
Paralegal Find out if you are a paralegal who is owed compensation for overtime. Contact an unpaid overtime lawyer at Kennedy Hodges for a free, confidential consultation about your case.
Oil, Gas, Field Workers Many oil and gas field service technicians are improperly classified as exempt employees and are not paid for all the hours they have worked.
Call Center Workers Call center workers are frequently forced to work off the clock and are deprived of the overtime wages to which they are lawfully entitled. Contact a Kennedy Hodges' overtime lawyer today for a free case evaluation.
Banking Industry Many banking, mortgage and insurance employees are being deprived of fair wages and overtime. Order Kennedy Hodges' free wage guide to learn how to recover your back pay.
Retail Store Employees The retail industry is filled with unlawful pay practices and wage violations. Order Kennedy Hodges' free guide to learn your FLSA rights under the labor laws.
Accountants & Auditors Accountants and auditors without CPA are eligible to overtime. Learn more with a free copy of The 10 Biggest Mistakes that can Hurt Your Wage and Overtime Claim.
Bookkeepers & Clerks Bookkeepers and clerks may be eligible to overtime pay. If you have been denied your wages order our free guide to learn your wage and overtime rights.
Other Workers We Help Denied your proper wages? Contact an employment lawyer from Kennedy Hodges to discuss what rights workers have under the labor and employment laws.

Employees of Contractors and Subcontractors - Learn how the Joint-Employer doctrine can affect your rights as a worker under the FLSA

Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP
Do you work for a subcontractor who has not paid you all of your wages? Under the "joint-employer" doctrine, more than one company might be responsible for your compensation under the FLSA.

If you work for a contractor or subcontractor in Texas, you may be confused as to your status under the wage laws. Many of these employees are handed a 1099 form and are told that since they work for contractors they are not eligible for overtime pay.

There are many situations where companies use subcontractors in order to wash their hands of the federal labor laws and avoid any responsibility for overtime and minimum wage considerations. If you work for contractors or subcontractors, read this article to find out how this could affect your paycheck.

Contractors and Subcontractors

When you work for companies under a temporary, leased, or contract basis sometimes it is not clear who your employer is. Contractors are usually hired for a project and many times they employ subcontractors to perform different parts of that job. Contractors may also hire subcontractors instead of permanent staff, especially when projects are short-term.

Many workers who are employed by subcontractors for cleaning, landscaping, manufacturing, IT work, or other services may actually be eligible for overtime pay. Often times the general contractor who hired the subcontractor is on the hook for your compensation as well. This becomes particularly important in cases where your most direct employer is having financial problems and cannot pay you. In those cases, we have used the joint employer doctrine to identify other entities that might also be liable.

Read our Case Results where we describe how we helped a group of janitors recover wages against more than one company.

Joint Employer Liability

Courts determine if a joint employment situation exists by considering the "economic realities" of the situation. Some of the following factors can be used to determine the relationship for employees working for contractors and/or subcontractors:

• Does the employer own the equipment/location where work is performed?
• How much oversight does the employer have on the job?
• Does the employee work for both companies, or is there a shared arrangement?
• Did either company control the duties and responsibilities of the employee?
• Is there common management of the employers?
• Is the employee on separate payrolls and works over 40 hours a week?

What the FLSA says

The FLSA states that even though two companies may be separate entities, if an employee works for "joint employers," each company will be held liable for FLSA compliance.

We have represented many workers who worked for contractors or subcontractors and were not paid the wages they were owed. Even though these companies contract out work to other companies they still have to abide by the pay laws under the Fair Labor Standards Act.

We represented a group of furniture delivery drivers who were presumably employed by a delivery company, instead of the furniture company itself. In that case, we proved that the "delivery" company was really just a shell company. The evidence showed that the furniture company provided the delivery trucks, uniforms, driving routes, issued rules for how to load and unload furniture and even had an office for the drivers to operate from. In that situation, the furniture company did everything except pay the drivers directly. Instead the furniture company paid the "delivery company" who in turn paid the drivers. Under those facts, the furniture company was a secondary or joint employer of the drivers and was required to pay them their overtime pay that was due.

FAQ: If I am an independent contractor, do I lose my right to overtime pay?