More details to this question:
I had been a contract employee at a major news organization from Sept. 2016 to Sept. 11, 2023. Because I had been working on contract, I was forced to take hiatuses between my 12- to 18-month assignments. My last contract ended March 27, 2023. I was expecting, as usual, another contract starting in July. But instead, the company brought me back on only a three-month freelance gig. On Aug. 11, they said I would get a contract starting in October. But on Sept. 6, they told me they would be cutting my hours in half due to some technicality -- which was never explained to me -- as of Oct. 1. Then, last week, they fired me altogether -- again, without fully explaining why. I have done excellent work for the company, according to my boss, and I have worked hard and have been loyal. I'm over 65, but so is my boss, so I doubt it's an age thing. I'd just like to know why this happened. My boss, who is an ally, seems to be under some kind of gag order. Do I have any kind of case?
1 ANSWER
I'd like to know whether you're actually an indie contractor or if this Major News Organization is taking liberties to avoid the full weight of NY labor law they undoubtedly support in their hot takes. To be sure, professional writing and editing have all the trappings of exempt FLSA status, but if you're not really independent, then you're still an employee even if you are exempt from OT. The easiest test for independence is whether you have other clients and a written contract for your services. If the answer to both is "Yes," it still may be a good idea to shake the tree in a consult, but if the answer to one of those most basic quetions is "No," Do Not Pass Go or collect your $200 until you get a consult.
Answered on Sep 20th, 2023 at 6:00 AM
Q&A on public fora are not confidential and if you need confidential guidance, you should get a one-on-one consultation.