Working without contract

I was recently hired on a contract basis by Sotheby's for no more than "6 months" and/or "1,000 hours". My contract time ended and so did my hours and still reported to work without a contract. I ended up working over 8 months. I was under the impression that any hours worked above 1,000 hours I would be paid overtime. Instead I was given no overtime pay and was told a week notice that I was no longer needed.

2 answers  |  asked Oct 22, 2001 3:53 PM [EST]  |  applies to New York

Answers (2)

Outten & Golden LLP

Without knowing more about the circumstances surrounding your hire and employment relationship, it is difficult to evaluate whether you are due overtime pay. Generally speaking, an independent contractor is not an employee and, therefore, not subject to the overtime wage and hour laws. An experienced employment attorney would need to evaluate whether your work for the employer had the indicia of an employment relationship or instead constituted an independent contractor relationship.

Our firm has extensive experience with wage and hour claims and can offer services of this type on an hourly fee basis or, perhaps, through a contingency fee arrangement. If you are interested in retaining our firm, please telephone us at 212-245-1000 and ask to speak to Erica Rivera, who manages our intake.

posted by Outten & Golden LLP  |  Oct 23, 2001 1:16 PM [EST]
David M. Lira
Overtime over 40 hours

Unless there is wording in your contract stating otherwise, going over the 1000 in you agreement will not get you overtime. What gets you overtime is if you worked more than 40 hours in any particular week, and that is whether you have exceeded the 1000 in the contract or not. Your contract cannot deny you overtime compensation, even during that 6 month/1000 hour contract period.

posted by David M. Lira  |  Oct 23, 2001 09:04 AM [EST]

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