Overtime Pay Improperly Classified Independent Contractors
Juan, Mark and Jim were employed as set builders for a company that provided theatre- based entertainment in Massachusetts. They were responsible for the construction of the sets used in the business, under the supervision and direction of management.
For many years, they were classified as independent contractors, not employees. They were paid a "piece rate," which did not account for hours worked over 40 in any week. The company suddenly changed their classification, after an investigation by the Massachusetts Attorney General based on another worker's complaint. Within a month of re-classifying them as employees, they were fired. This left the three of them without a job, unpaid for significant overtime they had worked before the change in classification, and unable to collect unemployment because they had not been W2 employees long enough to be eligible for benefits. Overtime Law SolutionBecause overtime laws only apply to employees, not independent contractors, we had to first challenge their classification, then assert a claim for time and a half for their overtime hours.
After some discovery, we were able to negotiate a payment for all three of them that compensated them for their overtime hours, as well as other damages they had suffered from being misclassified. PostscriptIf you are in a similar situation, remember that just because you are paid as an independent contractor, that does not necessarily mean your classification is lawful. And it does not mean your employer can avoid overtime by calling you a contractor.
If in doubt, you should consult an attorney to review your classification, and help you understand if you are, in fact, owed overtime pay. |
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