PDA

View Full Version : Contractors & Overtime California


AnnaChavez
10-18-2006, 02:13 PM
I have looked high and low for documentation on wether contractors/Consultants are paid over time....Overtime its always touched on employees (exempt and non exempt)...can someone clarify>?

thanks!

ScottB
10-18-2006, 02:25 PM
Sure, I can clarify.

If you are an employee, you may be entitled to overtime.

If you are an independent contractor, you are entitled to whatever agreement you set up with your client. That could include payment for overtime. It is not required.

DAW
10-18-2006, 03:24 PM
Agreed. More specifically, employees are subject to labor laws and contractors are not. Contractors are subject to contract law, such as the federal UCC (Uniform Commercial Code) and state equivelents. Something called "overtime" or pretty much anything can be part of the contract negotiated between the vendor and the customer, but there is no inherent provision in contract law creating so-called "overtime" rights for contrators.

Megan Ross Hutchins
10-19-2006, 09:22 AM
I would add that many times companies class workers as contractors when they are in fact employees under the law. If you do all of your work for one company, you may want to look into this.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements