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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:
- The
amount of control your employer has over you
- If
there is an opportunity for profit that is not controlled by your employer
- The
skill and effort required in the job
- The
permanency of the employment relationship
See also Temporary Employees
Mortgage Broker
In many cases, Mortgage Brokers should be classified as
nonexempt employees who are entitled to overtime pay. If you are a broker and not sure if you are
covered under the FLSA, you should contact an attorney for more
information.
Show-up Time
Under FLSA regulations, employers are not required to pay
for “show-up time.” This is when your
employer expects you to show up at a certain time, but after you arrive, you
are sent home before you perform any work.
This time is not work time and you are not required by law to get paid
for it.
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