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.

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