Q: Am I entitled to overtime pay as a 1099 personal trainer working long hours?
I am a 1099 personal trainer being paid a salary of $110,000, and I've been working between 70 to 80 hours a week since January 1, 2025. I do not have a written contract specifying my compensation or working hours, nor has my employer provided any explanation regarding overtime pay. Should I be entitled to overtime pay?
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A:
That sounds exhausting, and it’s completely fair to ask whether you’re being paid properly for the time and effort you’re putting in. As a 1099 independent contractor, you generally aren’t entitled to overtime under federal or New Jersey labor laws. However, the real issue may be whether you’re actually misclassified and should legally be considered an employee instead of a contractor.
If your employer controls your schedule, sets your pay, assigns clients, or restricts how you do your work, those are signs you may be functioning more like an employee. Without a written contract outlining your rights and responsibilities, things get even murkier—and it may strengthen your case that you’re not truly operating independently. Misclassification is a serious issue, and if proven, you could be entitled to back pay, including overtime.
You can start by documenting your hours, responsibilities, and how much control the company has over your daily work. Then you might want to file a complaint with the New Jersey Department of Labor to have your employment classification reviewed. You’ve worked hard and long hours—you deserve to know whether the law protects you from being overworked without proper pay.
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