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

Hialeah, FL |

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

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Attorney answers 3

Best Answer

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


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 speak with an attorney to discuss your individual case, as not all facts are known at this time. This message is provided by Don Dennis, Esq., Jones Gaglio & Dennis, P.A., 901 Grace Avenue, Panama City, FL 32401


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.

B. Elaine Jones, Esq.