Do Independent Contractors Get Overtime?

The short answer is no. Independent contractors are not covered by The Fair Labor Standards Act (FLSA), which guarantees minimum wage and overtime pay to employees. As an independent contractor, you are not entitled to overtime pay for any hours worked beyond a regular workweek.

However, this doesn't mean that companies can simply take advantage of independent contractors by demanding long hours without additional compensation. If you're independent you should be setting your own terms. Employers sometimes misclassify employees as independent contractors to avoid paying overtime wages, but this practice is illegal and can result in significant penalties for the employer.

If you suspect that you have been misclassified as an independent contractor, it's important to seek legal advice and explore your options. In many cases, you may be entitled to back pay for overtime hours worked, as well as other damages and penalties.

It's also important to note that independent contractors are responsible for paying their own taxes, including self-employment taxes, which can be significant. As an independent contractor, you are not eligible for benefits such as workers' compensation or unemployment insurance, so it's important to factor these costs into your rates and contracts.

To protect yourself as an independent contractor, it's important to have a clearly defined scope of work in your contract. Use a reputable source like Bonsai to help you create a professional contract that outlines the terms and expectations of the job.

In conclusion, while independent contractors do not receive overtime pay under the FLSA, it's important to ensure that you are being fairly compensated for your work. You're your own best advocate when you're self-employed. Remember, you're the boss of your own business.

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