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I worked for a company under a 1099, being paid 150 per day as a flat rate, but 18hrs + a day....well over 40 hours. Without and overtime compensation. At times 10 days straight. Is this legal? It averages out to about $8.33 . This is below minimum wage in NJ. Also, neither myself nor the other 40+ employees are really independent contractors.... Please help
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The key to the answer is whether you are an 'exempt employee' or an 'independent contractor'. For example, IT repair personnel are ' exempt employees' who are paid a flat fee no matter how many hours are worked. Many employers are claiming that their employees are 'exempt' from hourly wage requirements. In addition, you are classified as a 1099 independent contractor. This is another method to avoid hourly wage requirements. See Uber drivers. Will the other workers join with you in paying for a legal action against the employer ? Ed Dimon, Esq. 732-797-1600
Answered on Dec 18th, 2017 at 2:09 PM