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  • ma employment laws

    I have just been hired as a contract systems admin by a small software company. There are 3 employees and 3 owners. My job is to deal with all network, mail server and web server issues for clients. I work from the employers home and I travel to client sites. As a contract employee I understand that I have to pay my own taxes and mileage. I just got my first pay check and it did not include compensation for hours over 40. I work at least 9 hours per day with the acknowledgement and encouragement of my employer. I submit timesheets as billable hours (ie) what client, how many hours worked, what was done etc. When I asked why only 40 of the hours were paid I was told that I am not only contract, but salary. This does not seem legal since I am paying my own taxes. Therefore if I work over 40 hours per week and only get paid for 40 regardless then I am making less than zero for the hours worked over 40. Is my new employer having their cake and eating it too?

  • #2
    Independent Contractor

    It sounds as if the company is considering you an independent contractor, rather than an employee. As an independent contractor, you are not covered by the wage and hour laws benefiting employees, which includes overtime.

    You can read more about the qualifications of an independent contractor by reviewing the information int he following link: http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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