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Patricia Williams
do employers have to pay time and a half?
if your employer gives you a 1099 dont they still have to pay you time in a half anything over 40 hrs

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Jessica P
That's how I understood it.

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No. If you are receiving a 1099 form, the person who pays you considers you an independent contractor rather than an employee. Therefore, he does not have to pay you for overtime. Since you don't seem to be aware of the difference, it may be that you really are an employee and you should be getting overtime. There are pluses and minuses to being an independent contractor, but there are generally more minuses. I'd suggest that you contact one or both of these agencies regarding your situation:

9 to 5, a national organization for working women job survival hotline (800) 522-0925

National Workrights Institute (609) 683 0313

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No. You are an independent contractor. It's basically like you run your own small business. The company you work with is your customer not your employer.

They are not required to pay any overtime (or even minimum wage).

You should have a contract with this company. If you wanted additional earnings for work over 40 hours, you can include that in the contract. Of course, the company doesn't have to agree to it.

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you are NOT an employee you are a contractor.....

now it is very likely if your hours are being tracked that you are misclassified and in fact should be an employee BUT that is a totally different issue...........

and 'Betsy' enough with the NWI they do NOT deal with these types of issues and do NOT enforce labor laws.......

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If you're legitimately working as an independent contractor (1099), then minimum wage and overtime laws don't apply.

But something tells me that legally you're very likely an employee and should be getting a W-2, not a 1099, and paying you OT for hours over 40.

If you work at their site, and they set your hours, chances are you're legally an employee and it's illegal for them to pay you on a 1099.

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