Temporary (“Temps”) and Contract Employees

Whether temporary (“temp”) or contract employee, the employer(s) are subject to the same FLSA overtime provisions, resulting in overtime pay possibly being due. The typical problem is the “temp” being told to look to the “Temp Agency” for overtime pay and the “Temp Agency” refusing to pay overtime because the time was not “authorized” in advance or “the position does not pay overtime.”

Independent Contractor

Sometimes employees are labeled “independent contractors” by their employers in order to avoid overtime pay. Under the FLSA, a person who is an independent contractor is not entitled to overtime pay from the person who hired them. First determine if you are an “independent contractor,” then you can decide if you are owed overtime. Some criteria for being labeled an independent contractor include:

  1. The amount of control your employer has over you
  2. If there is an opportunity for profit that is not controlled by your employer
  3. The skill and effort required in the job
  4. The permanency of the employment relationship

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