I’m confused as to whether or not I’m entitled to overtime, how do I know if I’m an independent contractor or an employee?

Question Mark Clouds Floating in a Blue SkyWorking in the oil and gas industry often requires extra hours over and above the standard 40-hour work week. This is a demanding industry that demands a strong work ethic and commitment to the job. Many oil and gas workers do an excellent job of fulfilling their commitments. Unfortunately, some employers try to avoid compensating workers fairly for the overtime hours that they put in by misclassifying them as independent contractors rather than employees.

6 Questions to Determine Independent Contractor Status

Determining whether you are an independent contractor as opposed to an employee is not always black and white, especially if you do not have experience with this area of the law. To help determine whether you are an independent contractor or an employee, ask yourself the following questions:

  1. Do you typically work without supervision?
  2. Do you use your own tools?
  3. Do you work with more than one company or client at a time?
  4. Do your earnings depend greatly on your own managerial skills and your productiveness, as opposed to the success of the company you are working with?
  5. Are you typically told which job site to report to?
  6. Do you decide which projects to take on?

If the answers to the above questions are no, chances are good that you have been misclassified as an independent contractor. As a result, you may be entitled to overtime pay. It is important to consult with an attorney to learn more about your legal rights as an oil and gas worker. We encourage you to reach out today for more information at (888) 449-2068.


Don J. Foty
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Don Foty is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.