Workers generally fall into two primary categories. Many professionals are direct-hire employees who fill out W-2 paperwork for tax purposes. They have numerous legal protections under both state and federal laws.
Some workers are independent contractors. They are technically self-employed and work on a contract basis. One of the ways that businesses may try to avoid their legal obligations to employees is by intentionally misclassifying them as independent contractors.
Workers who filled out 1099s may need help pursuing the overtime pay they deserve if they worked more than 40 hours and have been misclassified by their employers.
Independent contractors set their rates and hours
Overtime wage laws specifically apply to employees, not independent contractors. The law governs what employers do, and independent contractors are technically their own employers.
They choose how long they work and decide what rate to charge their clients. As such, overtime regulations do not apply to them.
Companies that treat workers as employees but have them fill out 1099s instead of W-2s may demand that workers put in far more than 40 hours of work per week. They may then refuse to pay the worker extra for that additional time. In that scenario, the misclassified employee likely needs to take legal action.
They need to prove that not only did they work more than 40 hours during certain weeks but also that the company intentionally misclassified them. Doing so requires insight into both state and federal employment statutes.
Professionals frustrated by a lack of overtime pay may need to discuss their concerns with an employment law attorney. Reviewing work schedules and pay stubs with a legal professional can help employees prove that they did not receive the wages they deserved based on the time they’ve worked.