What is the law regarding paying someone as an independent contractor in order to avoid overtime pay?

UPDATED: Sep 11, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 11, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the law regarding paying someone as an independent contractor in order to avoid overtime pay?

I am a caregiver and currently working in an assisted living house. I make $7.00 per hour and work 60 hours a week with no overtime pay. My employer is claiming me as a independent contracter. I have a set hourly wage and a set schedule. Is this legal?

Asked on September 11, 2012 under Employment Labor Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are an employee you are entitled to overtime compensation. If an indepedent contractor you are not. Under the laws of all states in this country, if your hours and coming and going are controlled by the person for whom you do work for, you are an employee.

If you have a set hourly wage and schedule, it sounds as though you are an employee and entitled to overtime compensation. I suggest that you consult further with an attorney that practices in the arena of employment law and/or consult with a representative with your local department of labor about your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption