Employment Law Questions? Ask an Employment Lawyer.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Generally, if somebody is considered an independent contractor, they are not entitled to a minimum wage. If a person is an employee, they are entitled to a minimum wage and they're also going to be entitled to overtime consistent with state law. If you have an agreement that says that the person is an independent contractor, then you are not going to owe that individual over time. On the other hand, if there is no agreement, then you're going to have to prove to the Department of Labor that this individual was an independent contractor and not an employee. most governments use the determination to decide whether somebody is an independent contractor or employee. Generally, it is going to be based on the degree of control that you have over the person. Basically, are you paying for the output or are you paying for the means of the job. If you are paying for the output, then the person is going to be an independent contractor.. A good example is an attorney and a client. The attorneys in Independence on tractor because the means are not controlled, only the result is what the client is paying for. On the other hand, if you run a McDonald's new hire somebody to run a cash register, you're going to control the means of how they do the job. My recommendation would be to go back to your contracts and take a look to see whether they would consider them an independent contractor or employee based on your own information and then use that to support yourself.
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