bountyhunter
- Joined Sep 7, 2009
- 2,512
That is simply not true for contractors. Companies employ contract workers specifically because they get no benefits or overtime.Unpaid overtime is a nogo. Unless you are on salary, you get paid for overtime in the US. Some employers will swap overtime pay for time off later, which is acceptable.
I don't know if the OP in this thread is a true "contractor" but if he is, he is only entitled to what's in the contract he signed.
According to the State of California, if you are indeed an Independent Contractor, the company is exempt from overtime requirements. At this stage, the determination as to whether or not you ARE an Independent Contractor is done by the state.
There is no single rule or test to determine whether a worker is an independent contractor or an employee. However, here are some of the more important aspects of the relationship between worker and company that courts evaluate when deciding whether a worker is entitled to overtime pay:
- Whether the services rendered by the worker are an integral part of the company’s business;
- Whether the relationship with the worker is permanent or temporary;
- Whether the worker supplies his/her own tools or other equipment;
- Whether the worker controls the details of the work