Even if you are called an independent contractor (or you signed an agreement that says you are an IC), you may still be entitled to OT.

Courts look at the following when determining whether someone is an IC:

1) The extent to which the services provided are an integral part of the employer's business operations.

2) The permanency of the relationship.

3) The amount of personal investment in facilities or equipment by the IC.

4) The nature and degree of control by the employer.

5) The IC’s opportunity for profit and loss.

6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.

7) The degree of independent business organization and operation.

If your boss calls you an independent contractor, but you work more than 40 hours per week, contact Mr. Debes now for a free evaluation to see if you are entitled to overtime pay.