Mixing
In California, can a contractor get time and a half for overtime if it's in his contract? [closed]
Clash Royale CLAN TAG#URR8PPP
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty margin-bottom:0;
up vote
1
down vote
favorite
California passed this law making overtime pay exempt for certain employees. If I were an employee, I would be exempt. But, I am about to work as a contractor for a company and I would like to request time and a half if I work over a certain number of hours. Am I allowed to put this in my contract or will this California law void it?
As far as I can tell this law has to do with employees (not contractors) so it is not relevant to me. I also think I can put whatever I want in the contract and it's up to the employer to agree or disagree with the terms.
contracts contractors compensation contracting overtime
asked Dec 6 '14 at 3:34
Overtime In Contract
121
closed as off-topic by Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen Dec 6 '14 at 11:02
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen
 |Â
show 1 more comment
up vote
1
down vote
favorite
California passed this law making overtime pay exempt for certain employees. If I were an employee, I would be exempt. But, I am about to work as a contractor for a company and I would like to request time and a half if I work over a certain number of hours. Am I allowed to put this in my contract or will this California law void it?
As far as I can tell this law has to do with employees (not contractors) so it is not relevant to me. I also think I can put whatever I want in the contract and it's up to the employer to agree or disagree with the terms.
contracts contractors compensation contracting overtime
asked Dec 6 '14 at 3:34
Overtime In Contract
121
closed as off-topic by Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen Dec 6 '14 at 11:02
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen
2
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
2
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16
 |Â
show 1 more comment
up vote
1
down vote
favorite
up vote
1
down vote
favorite
California passed this law making overtime pay exempt for certain employees. If I were an employee, I would be exempt. But, I am about to work as a contractor for a company and I would like to request time and a half if I work over a certain number of hours. Am I allowed to put this in my contract or will this California law void it?
As far as I can tell this law has to do with employees (not contractors) so it is not relevant to me. I also think I can put whatever I want in the contract and it's up to the employer to agree or disagree with the terms.
contracts contractors compensation contracting overtime
asked Dec 6 '14 at 3:34
Overtime In Contract
121
California passed this law making overtime pay exempt for certain employees. If I were an employee, I would be exempt. But, I am about to work as a contractor for a company and I would like to request time and a half if I work over a certain number of hours. Am I allowed to put this in my contract or will this California law void it?
As far as I can tell this law has to do with employees (not contractors) so it is not relevant to me. I also think I can put whatever I want in the contract and it's up to the employer to agree or disagree with the terms.
contracts contractors compensation contracting overtime
asked Dec 6 '14 at 3:34
Overtime In Contract
121
asked Dec 6 '14 at 3:34
Overtime In Contract
121
asked Dec 6 '14 at 3:34
Overtime In Contract
121
asked Dec 6 '14 at 3:34
Overtime In Contract
121
121
closed as off-topic by Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen Dec 6 '14 at 11:02
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen
closed as off-topic by Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen Dec 6 '14 at 11:02
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, keshlam, Vietnhi Phuvan, gnat, Jan Doggen
2
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
2
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16
 |Â
show 1 more comment
2
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
2
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16
2
2
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
2
2
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16
 |Â
show 1 more comment
2 Answers
2
active
oldest
votes
up vote
1
down vote
I do not think this is the kind of thing that you should get advice from the internet for - legal stuff is best left to lawyers.
That said, a few thoughts -
Putting overtime into a contract is a neat idea, but as this is either your first contract or at least the first time you are requesting it, I have to ask "why?". As a contractor, typically you are remunerated more, and you get to set your own hours. At least when i was a contractor in SF, i was aware that companies could not determine the hours i worked (ie sure, 40 hour week, but if i want to work midnight to 9am, that is ok) or even the location (one guy would habitually work from the park, or even for 2 weeks from Germany!!). Also, if you do not ask now, you can negotiate it later, i.e when they actually need you to work the extra hours. That gives you the upper hand in the negotiation, instead of now, where they might demand you put that you will not ask for more money for overtime,
No, i see no reason why the law would override this. Laws set minimum conditions - eg the minimum wage. If you sign a contract above that (eg more than minimum-wage salary), the law does not supersede that. I the not-lawyer feel that the law will not effect what you, in this instance, want to put in the contract.
answered Dec 6 '14 at 4:12
bharal
11.3k22453
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
suggest improvements |Â
up vote
-1
down vote
The difference between Exempt and Non-Exempt employees is defined by the federal Fair Labor Standards Act (FLSA). Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
A summary of the rules can be found here, among other places. Taking highlights from there:
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
Salary level test: Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt.
Salary basis test: Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. Salaried employees are almost certainly exempt, but there's a lot of detail in this section having to do with folks who are partly salaried and partly subject to bonuses or penalties. The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly).
An employee who meets the salary level tests (ie, is below the salary threshold) and also the salary basis tests (ie, is being paid hourly) is exempt only if s/he also performs exempt job duties. These are typically classified as "executive," "professional," and "administrative" duties. There's enough detail there that I hesitate to try to summarize it, but I would bet that contractors fall under at least one of "professional" or "administrative".
Putting that all together, I suspect you'll find that you are exempt personnel, and hence not automatically entitled to overtime. You can try to get it written into your contract -- but you'll need to convince the company to allow that, and then you'll need a lawyer to make sure it's phrased in a way that can be enforced.
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
suggest improvements |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
1
down vote
I do not think this is the kind of thing that you should get advice from the internet for - legal stuff is best left to lawyers.
That said, a few thoughts -
Putting overtime into a contract is a neat idea, but as this is either your first contract or at least the first time you are requesting it, I have to ask "why?". As a contractor, typically you are remunerated more, and you get to set your own hours. At least when i was a contractor in SF, i was aware that companies could not determine the hours i worked (ie sure, 40 hour week, but if i want to work midnight to 9am, that is ok) or even the location (one guy would habitually work from the park, or even for 2 weeks from Germany!!). Also, if you do not ask now, you can negotiate it later, i.e when they actually need you to work the extra hours. That gives you the upper hand in the negotiation, instead of now, where they might demand you put that you will not ask for more money for overtime,
No, i see no reason why the law would override this. Laws set minimum conditions - eg the minimum wage. If you sign a contract above that (eg more than minimum-wage salary), the law does not supersede that. I the not-lawyer feel that the law will not effect what you, in this instance, want to put in the contract.
answered Dec 6 '14 at 4:12
bharal
11.3k22453
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
suggest improvements |Â
up vote
1
down vote
I do not think this is the kind of thing that you should get advice from the internet for - legal stuff is best left to lawyers.
That said, a few thoughts -
Putting overtime into a contract is a neat idea, but as this is either your first contract or at least the first time you are requesting it, I have to ask "why?". As a contractor, typically you are remunerated more, and you get to set your own hours. At least when i was a contractor in SF, i was aware that companies could not determine the hours i worked (ie sure, 40 hour week, but if i want to work midnight to 9am, that is ok) or even the location (one guy would habitually work from the park, or even for 2 weeks from Germany!!). Also, if you do not ask now, you can negotiate it later, i.e when they actually need you to work the extra hours. That gives you the upper hand in the negotiation, instead of now, where they might demand you put that you will not ask for more money for overtime,
No, i see no reason why the law would override this. Laws set minimum conditions - eg the minimum wage. If you sign a contract above that (eg more than minimum-wage salary), the law does not supersede that. I the not-lawyer feel that the law will not effect what you, in this instance, want to put in the contract.
answered Dec 6 '14 at 4:12
bharal
11.3k22453
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
I do not think this is the kind of thing that you should get advice from the internet for - legal stuff is best left to lawyers.
That said, a few thoughts -
Putting overtime into a contract is a neat idea, but as this is either your first contract or at least the first time you are requesting it, I have to ask "why?". As a contractor, typically you are remunerated more, and you get to set your own hours. At least when i was a contractor in SF, i was aware that companies could not determine the hours i worked (ie sure, 40 hour week, but if i want to work midnight to 9am, that is ok) or even the location (one guy would habitually work from the park, or even for 2 weeks from Germany!!). Also, if you do not ask now, you can negotiate it later, i.e when they actually need you to work the extra hours. That gives you the upper hand in the negotiation, instead of now, where they might demand you put that you will not ask for more money for overtime,
No, i see no reason why the law would override this. Laws set minimum conditions - eg the minimum wage. If you sign a contract above that (eg more than minimum-wage salary), the law does not supersede that. I the not-lawyer feel that the law will not effect what you, in this instance, want to put in the contract.
answered Dec 6 '14 at 4:12
bharal
11.3k22453
I do not think this is the kind of thing that you should get advice from the internet for - legal stuff is best left to lawyers.
That said, a few thoughts -
Putting overtime into a contract is a neat idea, but as this is either your first contract or at least the first time you are requesting it, I have to ask "why?". As a contractor, typically you are remunerated more, and you get to set your own hours. At least when i was a contractor in SF, i was aware that companies could not determine the hours i worked (ie sure, 40 hour week, but if i want to work midnight to 9am, that is ok) or even the location (one guy would habitually work from the park, or even for 2 weeks from Germany!!). Also, if you do not ask now, you can negotiate it later, i.e when they actually need you to work the extra hours. That gives you the upper hand in the negotiation, instead of now, where they might demand you put that you will not ask for more money for overtime,
No, i see no reason why the law would override this. Laws set minimum conditions - eg the minimum wage. If you sign a contract above that (eg more than minimum-wage salary), the law does not supersede that. I the not-lawyer feel that the law will not effect what you, in this instance, want to put in the contract.
answered Dec 6 '14 at 4:12
bharal
11.3k22453
answered Dec 6 '14 at 4:12
bharal
11.3k22453
answered Dec 6 '14 at 4:12
bharal
11.3k22453
answered Dec 6 '14 at 4:12
bharal
11.3k22453
11.3k22453
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
suggest improvements |Â
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
I would agree. The law can say somebody is eligible for overtime compensation but if the contract he signed indicates he will work for something else, because he is not an eligible employee of the company but a contractor, it really is sort of meaningless a the end of the day.
– Ramhound
Dec 7 '14 at 2:37
suggest improvements |Â
up vote
-1
down vote
The difference between Exempt and Non-Exempt employees is defined by the federal Fair Labor Standards Act (FLSA). Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
A summary of the rules can be found here, among other places. Taking highlights from there:
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
Salary level test: Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt.
Salary basis test: Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. Salaried employees are almost certainly exempt, but there's a lot of detail in this section having to do with folks who are partly salaried and partly subject to bonuses or penalties. The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly).
An employee who meets the salary level tests (ie, is below the salary threshold) and also the salary basis tests (ie, is being paid hourly) is exempt only if s/he also performs exempt job duties. These are typically classified as "executive," "professional," and "administrative" duties. There's enough detail there that I hesitate to try to summarize it, but I would bet that contractors fall under at least one of "professional" or "administrative".
Putting that all together, I suspect you'll find that you are exempt personnel, and hence not automatically entitled to overtime. You can try to get it written into your contract -- but you'll need to convince the company to allow that, and then you'll need a lawyer to make sure it's phrased in a way that can be enforced.
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
suggest improvements |Â
up vote
-1
down vote
The difference between Exempt and Non-Exempt employees is defined by the federal Fair Labor Standards Act (FLSA). Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
A summary of the rules can be found here, among other places. Taking highlights from there:
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
Salary level test: Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt.
Salary basis test: Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. Salaried employees are almost certainly exempt, but there's a lot of detail in this section having to do with folks who are partly salaried and partly subject to bonuses or penalties. The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly).
An employee who meets the salary level tests (ie, is below the salary threshold) and also the salary basis tests (ie, is being paid hourly) is exempt only if s/he also performs exempt job duties. These are typically classified as "executive," "professional," and "administrative" duties. There's enough detail there that I hesitate to try to summarize it, but I would bet that contractors fall under at least one of "professional" or "administrative".
Putting that all together, I suspect you'll find that you are exempt personnel, and hence not automatically entitled to overtime. You can try to get it written into your contract -- but you'll need to convince the company to allow that, and then you'll need a lawyer to make sure it's phrased in a way that can be enforced.
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
suggest improvements |Â
up vote
-1
down vote
up vote
-1
down vote
The difference between Exempt and Non-Exempt employees is defined by the federal Fair Labor Standards Act (FLSA). Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
A summary of the rules can be found here, among other places. Taking highlights from there:
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
Salary level test: Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt.
Salary basis test: Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. Salaried employees are almost certainly exempt, but there's a lot of detail in this section having to do with folks who are partly salaried and partly subject to bonuses or penalties. The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly).
An employee who meets the salary level tests (ie, is below the salary threshold) and also the salary basis tests (ie, is being paid hourly) is exempt only if s/he also performs exempt job duties. These are typically classified as "executive," "professional," and "administrative" duties. There's enough detail there that I hesitate to try to summarize it, but I would bet that contractors fall under at least one of "professional" or "administrative".
Putting that all together, I suspect you'll find that you are exempt personnel, and hence not automatically entitled to overtime. You can try to get it written into your contract -- but you'll need to convince the company to allow that, and then you'll need a lawyer to make sure it's phrased in a way that can be enforced.
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
The difference between Exempt and Non-Exempt employees is defined by the federal Fair Labor Standards Act (FLSA). Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
A summary of the rules can be found here, among other places. Taking highlights from there:
Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.
Salary level test: Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. Employees who earn more than $100,000 per year are almost certainly exempt.
Salary basis test: Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. Salaried employees are almost certainly exempt, but there's a lot of detail in this section having to do with folks who are partly salaried and partly subject to bonuses or penalties. The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers and schoolteachers are exempt even if the employees are paid hourly).
An employee who meets the salary level tests (ie, is below the salary threshold) and also the salary basis tests (ie, is being paid hourly) is exempt only if s/he also performs exempt job duties. These are typically classified as "executive," "professional," and "administrative" duties. There's enough detail there that I hesitate to try to summarize it, but I would bet that contractors fall under at least one of "professional" or "administrative".
Putting that all together, I suspect you'll find that you are exempt personnel, and hence not automatically entitled to overtime. You can try to get it written into your contract -- but you'll need to convince the company to allow that, and then you'll need a lawyer to make sure it's phrased in a way that can be enforced.
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
answered Dec 6 '14 at 4:32
keshlam
41.5k1267144
41.5k1267144
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
suggest improvements |Â
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
California has some really weird labor laws... I would be wary generalizing US labor laws and not factoring in their state laws..
– Elysian Fields♦
Dec 6 '14 at 18:34
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
Granted. However, you'll probably need to understand this before you can understand California's modifications to it -- and I'm still betting that any technical contractor is making enough per hour to be pushed into Exempt. The purpose of the law is to protect those for whom overtime is a survival question, after all.
– keshlam
Dec 6 '14 at 22:29
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
@keshlam - I would also image to protect those who are NOT contractors and thus able to set their own rate to cover their expenses. But that is just me speaking
– Ramhound
Dec 7 '14 at 2:39
suggest improvements |Â
2
It sounds like you're a contract employee, not a contractor. This is also asking for legal advice, so we'd need to refer you to an employment attorney licensed in your state.
– Wesley Long
Dec 6 '14 at 3:45
@WesleyLong When I search for "contract employee" vs "contractor" I am not finding much on google. I have never heard of the former. What is the difference?
– Overtime In Contract
Dec 6 '14 at 3:55
@WesleyLong see work.chron.com/contract-employee-13911.html "The title “contract employee†is essentially a contradiction in terms. Technically, a worker can be a contractor or an employee, not both."
– Overtime In Contract
Dec 6 '14 at 3:55
2
Voting to close because we are not are not capable, willing or licensed to give legal advice. Pay for your own lawyer.
– Vietnhi Phuvan
Dec 6 '14 at 6:12
A contractor is someone who provides all their own equipment, and is contracted to perform a specific job, and is allowed a great deal of latitude in how they perform the job. Client: "I need an app that does X, Y, and Z by June 1." Contractor: "I will build that to your spec with my own gear and deliver it for $30,000." Contract Employee: "I will work onsite and use your equipment to produce that at your direction for $65/hour."
– Wesley Long
Dec 6 '14 at 19:16