Ron Schwartz is an attorney with Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C., who represents workers who have overtime claims. Call (312) 263-6330
INTRODUCTION
This page is for informational purposes only and should not be construed as legal advice regarding federal and State of Illinois overtime laws.
Chicago Area Machinist, Successful Recovery
One of the more rewarding overtime cases I’ve handled involved representing a machinist whose work status was designated as an independent contractor by the employer. He was actually an employee entitled to overtime. A custom exists in the industry of treating machinists as independent contractors rather than employees. This results in overtime claims when more than 40 hours per week are worked, whether the machinist is paid on an hourly basis or a salary.
In deciding whether a worker is an employee or independent contractor for the purpose of determining whether the worker is entitled to overtime payments the “courts consider the following six factors in assessing the economic reality of the working relationship: (1) the nature and degree of the alleged employer's control as to the manner in which the work is to be performed; (2) the alleged employee's opportunity for profit or loss depending upon his managerial skill; (3) the alleged employee's investment in equipment or materials required for his task, or his employment of workers; (4) whether the service rendered requires a special skill; (5) the degree of permanency and duration of the working relationship; and (6) the extent to which the service rendered is an integral part of the alleged employer's business.” Bulaj v. Wilmette Real Estate and Management Co., LLC, 2010 WL 4237851slip op *5 (Oct. 21, 2010).
Applying these factors to machinists, as to factor (1), the employer typically controls the specifications of what the machinist makes based on the project; (2), the machinist has no opportunity for profit except for receiving his hourly wage or salary; (3), ordinarily it’s the employer who invests in the equipment and materials for the tasks the worker performs; (4) machinists have special skills but these skills are generally similar to the skills of all of the other machinists who work for the employer; (5) planned short term employment may be an indicator that the machinist has independent contractor status. But if the worker’s employment is permanent or indefinite then he is most likely an employee; (6) a machinist works on parts that are part of a whole project. Thus, machinists are generally employees and eligible for overtime payments.
If you are a machinist who may be entitled to overtime pay I want to hear from you. Ron Schwartz, 312-263-6330.
Revised: 6/2/2011
Nothing on this attorney web site should be understood as offering legal advice regarding overtime, FLSA law or any other legal subject.
