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Aug14

1099 overtime

We have a 1099 employee working in the field. Do we have to pay him overtime if he works more than 60 hours a day. We agreed to an hourly rate to complete jobs.

You are not obligated to pay a 1099 worker overtime, ever.

A 1099 worker is an independent contractor, NOT an employee. Employment laws apply only to employees. As long as this worker is accurately classified as an independent contractor, he is self-employed. There is no obligation for you to pay overtime, ever. There is no obligation for you to pay him anything in excess of your written contract with him.

Beware, however, that both federal and state governments are cracking down on employers who illegally try to avoid overtime by misclassifying employees as independent contractors.

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This entry was posted on Friday, August 14th, 2009 at 11:43 am and is filed under
Compensation.
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