How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5295
Experience:  Licensed to practice before state and federal court
Type Your Employment Law Question Here...
Legal Eagle is online now
A new question is answered every 9 seconds

I operate a small business that does vegatation management

Customer Question

I operate a small business that does vegatation management on solar farms. I reveived a call today from the dept of labor. I think an ex employee that i fired for being drunk on the job filed a complaint on us. I consider the people that work for me 1099 employees. Do i have to pay overtime.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: nc
JA: Is the employment agreement "at will," union, full time or part time?
Customer: no union some part time but sometimes over 40 hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

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.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.