Fair Labor Standards Act (FLSA) (Overtime Wages)

Are “Independent Contractors” Entitled to FLSA Overtime Wages? Independent Contractors are not protected by the overtime wages provisions of the Fair Labor Standards Act (FLSA). However, disputes arise frequently over whether an individual is an independent contractor or an employee entitled to overtime pay. There is no simple measurement for making the determination. The United States Department of Labor has published an advisory listing pertinent indicia. Florida’s workers’ compensation statute 440.02(15)(d) contains a more thorough list. (Since the employee vs. independent contractor dispute also arises in the workers’ compensation forum, this is an excellent statute to reference. Except for independent contractors working or performing services in the construction industry — see 440.02(15)(c)3 — independent contractors in Florida are not entitled to workers’ compensation benefits.) Case law should also be considered. The dispute is fact intensive. It often takes sworn testimony and documentation to sort it out.