Rockwood, MI asked in Employment Law for Pennsylvania

Q: I am labeled a independent contractor for a local realitor. Im paid 12 hourly . I should be labeled employee.

He chooses where i go everyday and what jobs i perform. I use none of my own tools. Ive worked for him for roughly nine months and have worked 60 plus hours of overtime with no overtime pay. I receive no benefits at all. Can i sue for overtime money and also unemployment because i was mislabeled? Can i sue for anything else? I reside and work in PA

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1 Lawyer Answer
Andrew S. Abramson
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Answered

A: Thank you for contacting our firm through Justia Ask a Lawyer. As a courtesy to e-mail correspondents, Abramson Employment Law, LLC reviews all e-mail and provides correspondents with a brief courtesy reaction to a factual scenario on a complimentary basis. All information, which is received, is deemed confidential. Please understand that this communication does not constitute a detailed legal opinion for which a client has retained the attorney.

While I would need to know more facts that you detail in your message, based on the limited information provided it would appear that you may have a claim that you should be treated as an employee and that you are entitled to overtime pay. As to unemployment benefits, as you appear to still be working, I do not see how unemployment is a question at this time. Please provide the following additional information which is required for conflicting checking purposes and in order to document with whom we are communicating. Upon receipt of this information we will promptly reply to the substance of your inquiry. You can also submit the information directly by email to our secure email address: asa@aemploylaw.com.

1. Your full name and address

2. Name of employer and approximate number of employees employed

3. City / state / county where employed

4. Job title and full description of duties

5. Salary / rate of pay

6. Number of hours regularly schedule to work each week

7. Any other information, which you believe, is relevant

_______________________________________

Andrew S. Abramson, Esq

Abramson Employment Law, LLC

790 Penllyn Blue Bell Pike

Suite 205

Blue Bell, PA 19422

telephone: 267-470-4742

telecopy: 267-470-4754

email: asa@aemploylaw.com

web: job-discrimination.com

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