Are independent contractors protected by the FLSA?
Independent contractors are not, of course, entitled to FLSA overtime pay. People who work as employees are entitled to greater legal protections and monetary benefits than independent contractors. Of course, in theory, independent contractors are free from the set work time, discipline and other restrictions that govern employees’ conduct. There is much less regulation involved for employers if they treat their workers as “independent contractors” rather than “employees.” Employees have many more legal rights: The right to overtime pay, to unionize, to social security credits, protection against discrimination (age, race, sex, disability, national origin, etc.), unemployment insurance and a multitude of other benefits. Independent contractors primarily only have the right to be paid pursuant to their contract with the employer.
