The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

NJ

Independent Contractor Status:

independent contractor mason oh warren county lawyerThe FLSA Exemptions:

The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked, and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

The FLSA, however, provides an exemption from minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, outside sales employees and certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.


Independent Contractor Status: Sometimes Confused / Often Abused

employment lawyer mason ohEmployers are required to pay the employee in accordance with the FLSA. Employers may seek to avoid these obligations by classifying an employee as an independent contractor. Whether the person is an employee under the FLSA, or is engaged in his or her own business is a test of economic reality. The inquiry involves whether the party follows the ordinary path of an employee and is dependent on the business which he or she serves, or whether that person acts independently without substantial direction of the contracting party.

Among the factors which Courts evaluate are:

  1. The extent to which the services rendered are an integral part of the principal’s business;
  2. The permanency of the relationship;
  3. The amount of the alleged contractor’s investment in facilities and equipment;
  4. The nature and degree of control by the principal;
  5. The alleged contractor’s opportunities 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 you think you are being misclassified, contact Neal Jacobs today for an initial consultation. 

 

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