Employment Law

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I operate a small business that does vegatation management…

Customer Question
I operate a small...

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.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nc

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No union some part time but sometimes over 40 hours

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,157
Experience: Licensed to practice before state and federal court
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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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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