I am a 1099 employee that works for a small construction company I get paid $10 an hour. If I work 40 hours a week I get paid my normal pay for work anything over 40 hours my employer Bank my hours and then when I ask for it cuts me a second check to pay me my overtime hours but paid me at my rate of $10 an hour to avoid paying overtime
The answer to your question will depend on whether your employer grosses more than $500,000 a year and whether you qualify as an "employee" under the Fair Labor Standards Act, which governs overtime pay. You should schedule a consult with a local employment attorney for a fact specific review of your case.
I am a lawyer, but I am not your lawyer. This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. If you want legal advice, I invite you to contact a local law firm to discuss your case in more detail.
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