call 24/7 | TOLL FREE | 1-888-449-2068

Special Offer

Protect Your Paycheck and Obtain the Money You’ve Earned!

Request Free Book »

Are you misclassified as an independent contractor? Is that leading to unpaid overtime?

You may not think independent contractor misclassification is a big deal, but in the United States, fraudulent classification of employees as "independent contractors" is on the rise. One of the most common tactics employers use to save money and avoid paying overtime and federal taxes is to label their employees "independent contractors."

Employee versus Independent Contractor

Regular employees are protected by the federal Fair Labor Standards Act and are eligible for employee labor protections and overtime wages. Regular employees work according to a schedule required by an employer and their job performance is also directly supervised. What is the FLSA?

However, many employees nationwide work under these conditions daily, but are misclassified as independent contractors. This costs them thousands of dollars every year and also strips them of their employee rights under the Fair Labor Standards Act.

Independent contractors are not protected by the federal wage laws that apply to regular employees. Independent contractors are not eligible for overtime pay, worker's compensation and unemployment insurance. So how is overtime pay for independent contractors calculated then?

If you have been misclassified under the title "independent contractor," order a FREE copy of our overtime and wage guide to learn your options to fight independent contractor misclassification & collect unpaid overtime.

Video: Are Independent contractors owed overtime pay?

What does the law say about independent contractors?

In general, independent contractors have direct control over their schedules, number of hours worked, the type of jobs they accept, and their job performance. Many independent contractors are also sole proprietors, which means they own a business and have responsibility for all company expenses.

The following occupations frequently use the independent contractor arrangement:

General contractor - construction
Lawn care workers
Consultant
Courier
Personal Trainers
Tutors

Many employees are misclassified as independent contractors under the wage laws. We have helped many workers in every industry, including independent contractors, to recover the back wages owed to them, and to collect on unpaid overtime. Read our Case Results to see workers we have helped.

Workers We Helped

• Janitors
• Call Center Employees
• Waiters and Kitchen Staff
• Paralegals
• Metal Factory Workers
• Packaging Plant Workers
• HVAC Workers
• Emergency Medical Technicians
• Offshore Oil Platform Workers
• Police Officer
• Translator

If your employer misclassifies you as an independent contractor, but you feel you are working as an employee, learn your FLSA rights by ordering a free copy of our wage and overtime guide today. You can also fill out our confidential contact form to have an attorney review your case.

Blog for Independent Contractors

• Misclassified as independent contractor in Houston? Follow these steps.
• How Misclassification Can Hurt a Houston Painter’s Paycheck
• Top Signs You’re a Misclassified Houston Personal Trainer
• Top Two Ways Misclassification Can Hurt a Houston Lawn Care Worker’s Paycheck
• Warning Signs that You are a Misclassified Independent Graphic Designer in Houston
• Top Five Questions for Determining Independent Contractor Status
• Dos and Don’ts of Documenting Everything after Houston Employment Misclassification
• Construction company punished for FLSA child labor violations
• Protecting Your Paycheck: Establish the Business Relationship before the Work Starts
• New Fair Labor Standards Act amendment proposed
• 3 exotic dancers file Texas wage claim against Jaguars Gold Club
• Withholding for payroll taxes and misclassifying workers as independent contractors - why this can hurt you at tax time.
• Workers stripped of wages file overtime lawsuit against 5 Massachusetts Topless clubs
• Strip club owner's illegal pay practices revealed

Library for Independent Contractors:

• Houston Independent massage therapists: misclassification rubbing you wrong?   
  Houston massage therapists misclassified as independent contractors may be receiving unfair wages. Call Kennedy Hodges for help at 888.449.2068.
• Independent Houston Home Painters and Earning Fair Pay   
  If you think you are misclassified as a contracted Houston painter, call Kennedy Hodges, LLP at 888.449.2068 today.
• Houston Personal Trainers: Independent Contractor or Employee?   
  If you think you are misclassified as a contracted Houston personal trainer, call Kennedy Hodges, LLP at 888.449.2068 today.
• Receiving a Fair Paycheck as an Independently Contracted Houston Lawn Care Provider   
  If you think you are misclassified as a Houston lawn care worker, call Kennedy Hodges at 888.449.2068 for your free book.
• Houston Independent Graphic Designers: Is Your Paycheck Unfair?   
  If you are an independent graphic designer in Houston, you may be misclassified. Call Kennedy Hodges, LLP at 888.449.2068 for your free book.
• The Top FLSA articles of 2011:
  Chinese Overtime, Exotic Dancers, and more   
  Read about the top wage and hour lawsuits on our site of 2011. If you want information about wage and hour claims, order our free book today.
• Think You’ve Been Misclassified as an Independent Contractor in Houston? You May Be Right.   
  If you are an administrative assistant misclassified as an independent contractor, you need information. Call Kennedy Hodges, LLP, today.
• Independent Contractor vs. Paid employee – Classifying the Houston Car Dealership Worker   
  If you are a car salesman misclassified as an independent contractor, call Kennedy Hodges, LLP for your free consultation.
• Common Problems Faced by Car Salesmen around the Holidays Can Mean Money Missing from Paychecks   
  Are you a car salesman making less than minimum wage? Protect your paycheck with a free book and consultation by calling Kennedy Hodges at 888.449.2068.
• Are You Constantly Being Misclassified as an Independent Contractor?   
  Do you feel you have been misclassified as an independent contractor in Texas? Call Kennedy Hodges immediately at 888.449.2068 for your free book.
• 16 ways to know you're misclassified as an independent contractor   
  How to know if you are misclassified as an independent contractor. Order our free wage and overtime guide to learn more.
• Learn why being classified as an Independent Contractor can lead to wage theft for your paycheck.   
  Tips for employees: How to know if your employer has misclassified you as an Independent Contractor: Learn 3 factors that affect employee FLSA status.
• Actual Case: Independent Contractors - Motion for summary judgment [PDF]   
  Are you misclassified as an independent contractor? This could lead to wage theft for your paycheck. Order our free wage and overtime guide to learn more.
• Employers often misclassify construction workers as independent contractors in order to avoid paying overtime.   
  Employers often misclassify construction workers as independent contractors in order to avoid paying overtime. Order our free book to determine your wages due.

View All

Frequent Questions for Independent Contractors:

• Should I be paid hourly as a Houston independent massage therapist?
  
• 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?
  
  
  
• 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?
  

• Why does my employer say that it’s better for me to work as an independent contractor?

• My employer has asked me to sign an independent contractor agreement but I feel that I am an employee. What rights do I have?

• What is the biggest warning sign that I’ve been misclassified as an independent contractor?

• I am a construction worker who is normally paid by the hour but was hired as an independent contractor on a new job site. My old foreman keeps telling me when I can and can’t leave for my lunch break. Is this right?

• My boss said I am an independent contractor and doesn't deduct any payroll taxes from my check, but I feel I am an employee - what do I do?
  
• I'm an exotic dancer and the club I work at makes me tip out the house and doesn't pay me minimum wage. Is this legal?
• If I am an independent contractor, do I lose my right to overtime pay?
• Can I file my claim with the Department of Labor?