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I am a consultant. I had a CA recruiter tell me that they couldn't bring me on as a W-2 hourly because in they were a CA company and in CA if you work more than 40 hours you have to pay time and half. The consulting job would be in Scranton, PA. As a consultant I often work 50 hour weeks. Is this a true response?
Optional Information: State/Country relating to question: Connecticut Already Tried: this site. I live in Denver, CO.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
Regardless of what State you work, if you are a w2 employee and not "exempt",
you must be paid overtime,
the FLSA regulates overtime payment for employees across the US.
If you are an exempt employee, because you work as a professional, executive or administrative position,
and are paid a salary, you would not be entitled to overtime, as you would be exempt,
They may want you to be a 1099 employee so they can avoid employer payrol taxes or benefits, but the overtime issue seems to be not valid
Experience: 13 years experience, Union NYSUT lawyer
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