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Are Independent Contractors Exempt From Overtime?

Technically, overtime laws do not apply to independent contractors because they are not "employees" under the overtime statutes.

You should know, however, that the Massachusetts Independent Contractor Law has strict requirements for who can be classified as an independent contractor.  If the employer cannot meet all three of these requirements, you should have been considered an employee. 

Here are the three requirements:
  • You are free from control and direction in your work.
  • You offer the same services to others.
  • The work you do is not part of your employer's core business.
If any of these three things do not apply, you likely should have been classified as an employee.  This means that you could be entitled to overtime pay even though it was not part of your deal with the employer.

Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

Contact Us
are independent contractors exempt from overtime?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact