PDA

View Full Version : Independent Contractors & overtime laws California


onejrjs
05-21-2008, 01:14 PM
I work as an independent contractor in California being paid using IRS 1099 form. One of my clients has a home office in Arizona, with a branch office in San Diego California.

I do occasional work for them in california based on a 10 hour straight time day with overtime after 10 hours. I am a freelance audio and video techinician setting up and operating their clients equipment.

My question is this:

This company claims that they are exempt from paying double time after 12 hours because I am not an employee of the company but rather an independent contractor. According to this company because I am an independent contractor all they have to pay is overtime for any hours worked from 10 hours on.

Are they correct?

ScottB
05-21-2008, 01:58 PM
If you are not an employee, you don't get protections afforded by the law to employees.

Feel free to negotiate the terms under which you will work with your clients. You might convince them to pay overtime or they might be willing only to pay a flat rate for a particular project, no matter how much time it costs you and no matter what expenses you incurred in getting it done.

Contract law, not employment law, is your friend in the case of independent contractors.

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