Are You Constantly Being Misclassified as an Independent Contractor?

The lawyers at Kennedy Hodges have helped clients who work in all different types of professions. We have helped employees who work on a contract basis, by the hour, and even those who depend on tips for their main source of income.

But one of the most common issues that clients come to us with involves working as an independent contractor and determining their rights under the Fair Labor Standards Act.

Many of our clients are construction workers who are hired as independent contractors but really should be paid as hourly employees.

This misclassification of construction workers not only causes the workers to be exempt from the FLSA, but it also removes their right to overtime pay and minimum wage.

When a company hires someone to complete work on a job site, the business relationship must first be established in order to determine whether the worker should be hired as an employee or an independent contractor.

While there are no fast and hard rules for figuring out if a worker should be a hired employee or an independent contractor, there are factors that the Supreme Court has deemed "significant" in making the decision. One of the most common issues not typically addressed before the relationship is determined is the nature and degree of control by the principal.

For example, in the construction industry, an electrician may be hired to be an independent contractor, but the general contractor (or the "principal") still insists on controlling everything about that electrician's job and duties.

As an independent contractor, the electrician should be free to make his own decisions, including making his own hours.

However, what often happens instead is the electrician is held to specific working hours, scheduled lunches, and the rules of the company, when in reality he should be free to follow the regulations that he sets for himself. He should not be told when he can leave or what time he must arrive for work, as long as he fulfills the contractual obligation to that general contractor, or principal.

If you feel that you have been misclassified as an independent contractor in Houston, you need information. Order your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 today. Use our online form, and an attorney from Kennedy Hodges, LLP will get right back with you to schedule a free consultation.