This same idea holds true for personal trainers enlisted by gym owners to provide personalized service to their members.
But what happens when you realize that despite working more than 40 hours a week, you still find that you are a Houston personal trainer not receiving overtime pay?
Depending on the agreement you set up with the gym, this could be the result of working as an independent contractor, or it could mean that you are misclassified and should actually be working as an employee.
There are certain tell-tale signs that you may be misclassified as an independently contracted personal trainer. Here are the top five:
- The gym owner requires you to be at the gym during certain hours.
- You are not allowed to set your own appointments with the clients; instead, the gym owner makes the arrangements for you.
- The gym owner insists that you use the gym’s equipment, such as dumbbells, jump ropes and medicine balls.
- You are required to meet with the clients at the gym, and are not allowed to train them at home or the office.
- The training that you perform is essential to the success of the business. For example, the gym includes personal training in all of their memberships and it must be offered in order for the gym to fulfill its obligation to the member.
If any of the above situations were to happen, then the personal trainer should not only be considered an employee, but he or she would be entitled to protection under the Fair Labor Standards Act, and allowed to receive minimum wage and overtime pay for hours worked over 40 each week.
If this is happening to you, contact the Houston lawyers who deal with independent contractor misclassification on a daily basis. Call Kennedy Hodges immediately at 888.449.2068 for your free consultation and free book, Ten Biggest Mistakes That Can Hurt Your Texas Overtime Claim, by calling 888.449.2068 today.