Overtime Paycheck? Cheated Out Of Your Overtime Pay

Paycheck lawyer knows that employers do cheat workers out of their hard earned dollars. It is simple. If you work over 40 hours in a work week you are entitled to time and a half pay. Very often they will classify you as an independent contractor when you are actually an employee.

What Is the Test For Employee VS Independent Contractor?

According to the IRS

If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.

“You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax.

However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.

You Are An Independent Contractor If

Provide your own tools and materials needed to do the work
Are  paid by the job
Work for more than one company at a time

You Are An Employee If

You can be fired at any time
Are paid by the hour
Receive instructions on how when and where to perform the job
Works full time
Must get paid overtime pay

To find out if you have been cheated by incorrect classification contact Paycheck Lawyer