Kansas employment attorneys representing Kansas employees in wage and hour disputes, back pay,
minimum wage, overtime and other salary disputes.  Working with clients throughout Kansas, including
Wichita, Topeka, Kansas City, Kansas, Salina, Hutchinson, Manhattan, Lawrence, Johnson County,
Sedgwick County, Shawnee County and Douglas County.
Kansas Wage and Overtime Attorneys

Kaup & Shultz, LC
Overtime Lawyers
913-385-9955
866-385-9955
(toll free)
Kaup & Shultz,
Attorneys at
Law, LC,
represents
Kansas
employees in
wage and hour
disputes,
including
minimum wage
and overtime.  
Kansas
employees who
think they have
been denied
overtime should
contact Kansas
lawyers who
know the Fair
Labor
Standards Act
and Kansas law
concerning
overtime pay.
INDEPENDENT
CONTRACTORS OR
EMPLOYEES Page 2
AM I AN EMPLOYEE ENTITLED TO OVERTIME
OR AN INDEPENDENT CONTRACTOR?   A BASIC
TEST FOR THOSE WITH SHORTER ATTENTION
SPANS!

email us for help

1.  Control: if the person who hired you has the primary control about what is
done and how it is done, and supervises the work directly or with his
employees, then you are very likely an employee yourself and entitled to
overtime pay when you work more than 40 hours in a work week.  If you
have great freedom in how the job is done, then you are more likely an
independent contractor.

For example, if a contractor hires painters and tells them what houses to
paint, what days to paint, what colors and how to paint, the painters are
probably employees.  If the contractor hires a sub-contractor and says that
he needs 12 houses painted this month and lets the sub go to work, then the
sub-contractor is most likely an independent contractor and is entitled only
to the contract amount that was agreed to.

2.  Ownership of equipment: self-employed people who work as independent
contractors usually own their own tools and related equipment.  Employees
usually have the tools of the trade provided to them by the employer.  Thus,
the employees will be entitled to overtime pay when they work more than 40
hours in a work week.

3.  Multiple relationships: if you work primarily or exclusively for one person,
you are most likely an employee.  If you work for a variety of persons and
tend to control your own hours and how you get the work done, then you are
likely an independent contractor.  For example, if you write ads for one
company on a daily basis at the employer’s office, you are an employee.  If
you work for several companies out of your house or your own office, then
you are going to be an independent contractor.

4.  Expenses: if you pay for your own expenses, including buying the
equipment and supplies you use, and pay for your own meals and lodging
when on the road, you are most likely an independent contractor.  If the
employer provides these things and picks up the tab for meals and lodging,
you are most likely an employee.

5.  The "Economic Reality" Test: do you really just supply services for one
employer and are dependent upon that employer for your living, or do you
hold yourself out as having your own business, including hiring and firing
and paying your own workers.  If it is the former, you are probably en
employee and entitled to overtime.
The test above can help you answer these types of
questions:

Am I really an independent contractor?

Am I an employee entitled to earn overtime pay?

Does it matter if the employer provides all my tools?

If the employer can tell me what to do, am I an
independent contractor?

What should I do if I am treated like an independent
contractor, but I think I should be entitled to overtime?

In that case, contact a competent Kansas employment
attorney who knows overtime law.  You might be
entitled to back pay.