I'm paid based on a day rate, do I qualify for overtime.?

Question

I work as a delivery driver for a company who owns several routes (contracts) for a major delivery company. I earn $90 per day. I often exceed 40hrs a week according to the flsa I should qualify for overtime, but my employer has not compensated me for this time. Are they exempt because of their contract status from paying their employees overtime?

Answer 1

If you are working as an independent contractor, you wouldn't be eligible for overtime. But it sounds like they control your job conditions as a driver, so you are more likely an employee than a contractor, and would be eligible for overtime pay.