In the dynamic world of the oilfield industry, understanding the distinction between an independent contractor and an employee is crucial. This classification impacts not only your job security and benefits but also your eligibility for overtime pay. Unfortunately, misclassification is a common issue that can lead to significant financial losses for workers.

The Distinction Between Independent Contractors and Employees

Independent Contractors

Independent contractors operate as self-employed individuals who provide services under a contract. They typically:

• Control their own schedule
• Provide their own tools and equipment
• Have the freedom to work for multiple clients
• Work for set, short periods of time on a project-by-project basis

Employees

In contrast, employees are hired by a company and work under its control. They generally:

• Follow a set schedule determined by the employer
• Use tools and equipment provided by the company
• Are told where to work, and told when to work (i.e. their schedules are set for them)
• Work for the same company for a prolonged period of time

Why Misclassification Happens

Misclassification occurs when an employer incorrectly labels an employee as an independent contractor. This can happen for several reasons, including:

• Cost Savings: Employers can save on taxes, benefits, and overtime pay.
• Reduced Liability: Independent contractors are not covered by many labor laws that protect employees.

The Consequences of Misclassification

Employees are entitled to overtime pay under the Fair Labor Standards Act (FLSA) when they work more than 40 hours a week. Independent contractors are not. Misclassified workers often miss out on substantial overtime earnings.

Legal Recourse for Misclassified Workers

If you believe you have been misclassified, it is essential to take action. Here are steps you can take:

1. Document Your Work Situation: Keep detailed records of your job duties, work hours, and communications with your employer.
2. Consult an Attorney: A lawyer specializing in employment law can assess your situation and guide you on the best course of action.
3. File a Claim: You may be eligible to file a claim for unpaid overtime and other benefits you were denied due to misclassification.

At Borsellino PC, we have extensive experience representing oilfield workers who have been misclassified as independent contractors. We understand the complexities of employment law and are committed to fighting for the rights of workers.

If you believe you have been misclassified and are owed overtime pay, contact us today. Call us at 817.908.9861, email me here or use this contact form for a free consultation.  

Misclassification is not just a paperwork error—it is a serious issue that can affect your livelihood. Don’t let your hard work go uncompensated. Let us help you get the pay and benefits you deserve.