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Do Independent Contractors Get Overtime Pay?

Independent Contractor Overtime Pay

Independent Contractor Overtime Pay

Independent contractors are those workers who perform services on a freelance basis, rather than as an employee. For a significant portion of the workforce, common independent contractor positions include:

  • Writers and editors
  • Photographers, painters, and graphics designers
  • Business consultants
  • Electricians, plumbers, and carpenters
  • Hairstylists, nail technicians, facialists, and massage therapists

Overtime Laws in Illinois

Under the Federal Labor Standards Act (FLSA), most hourly, non-salaried employees are entitled to overtime pay if they work more than 40 hours in a week or more than 8 hours in a day. In most cases, overtime pay is 1.5 times the employee’s usual hourly wage.

What About Overtime Pay for Independent Contractors?

Not all employees can earn overtime, however, and independent contractors are specifically excluded from the FLSA overtime requirements. Other workers who are not covered by the FLSA wage and hour requirements include, among others:

  • Salaried employees
  • Volunteers
  • Seasonal employees at recreational businesses, such as ski resorts or county fairs
  • Employees at organized camps that operate less than seven months a year
  • Newspaper deliverers
  • Seamen and workers engaged in fishing operations
  • Small farmworkers
  • Casual domestic babysitters


If you are not an independent contractor or another exempt employee and you have not received overtime pay in accordance with the FLSA, you may wish to contact a knowledgeable employment attorney.

Hire A Chicago Overtime Lawyer

The Chicago overtime lawyers at Ankin Law Office, LLC concentrate on representing employees who are the victims of wage and hour violations, employment discrimination, and employment retaliation. We are experienced employment class action attorneys who understand the complex legal procedures that are involved with pursuing wage and hour class action claims.

Our knowledgeable Illinois wage and hour lawyers will explain your legal rights, advise you about available options, ensure that the applicable statutes of limitations are met, file the necessary legal documents, and advocate on your behalf with opposing counsel and in a court of law.

Contact our office to schedule a free consultation with one of our overtime lawyers to discuss your wage and hour violations.

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