I work more than 40 hours at week but my employer does not pay overtime. is that right?

Asked 5 months ago - Hialeah, FL

he said that i am subcontrated, and I do not receive taxes discount, but I pay taxes every year.

Attorney answers (3)

  1. Michael N Hanna

    Contributor Level 8
    Best Answer
    chosen by asker

    Answered . You may have a claim if you were improperly classified as an independent contractor, when in fact you your working relationship suggest an employee-employer relationship. I suggest you contact an employment attorney to discuss.

    Feel free to email me if you'd like regarding your matter at mhanna@forthepeople.com

  2. Don A Dennis

    Pro

    Contributor Level 13

    Answered . It sounds like your "employer" is treating you like an independent contractor. There is a major difference in what taxes you pay and are responsible for based on what you are classified. As an independent contractor you would be required to pay your own taxes including self employment taxes and other such things. Even if you are considered an employee there are differences in who is entitled to overtime. Certain types of employees are salaried and employers are not required to pay overtime. Simply calling someone a salaried employee does not make one so.

    I would suggest you contact an employment attorney to discuss your situation. You have a lot of issues going on there.

    The above information does not constitute legal advice, and is intended only as general information. You should... more
  3. Betty Elaine Jones

    Contributor Level 19

    Answered . I agree with Attorney Dennis, it sounds like the employer has you listed as an "independent contractor" not a subcontractor. As an "independent contractor", you are responsible for payment of all of your taxes. If that is the case, you should have known this when you started working for them. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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