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Employees are required to follow their employer’s rules, instructions, and schedule, and are entitled to any employee benefits that their employer offers. If the employer hires a worker as a self-employed individual, the worker is considered an “independent contractor” and will be able to schedule and manage their own work.
Contents |
Types (2)
Independent Contractor Agreement – Used for working arrangements between freelance workers and their clients.
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Subcontractor Agreement – Allows an independent contractor to work as a subcontractor for a general contractor.
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Laws
- Labor Statutes: Title XVIII (Labor and Industrial Relations)
- Definition of Employee: § 287.020
- Minimum Wage: $11.15/hr (§ 290.502, Dept. of Labor)
- Overtime: After completing forty (40) hours’ work in one (1) week, employees must be paid one and a half (1.5) times their regular pay for each additional hour that they work that week (§ 290.505).
- Record Keeping: Employers must keep all personnel and employment records for at least one (1) year from the date that the record was made or the personnel action occurred, whichever happened later (§ 60-3.010(4)). Federal law requires that certain records be kept for at least three (3) years (§ 516).
At-Will Employment
Permitted? Yes, employers are legally permitted to terminate “at-will” employees without notice or justification. However, the law protects employees from being terminated for their race, religion, national origin, sex, ancestry, age, or disability (§ 213.055). Furthermore, employees cannot be fired for reporting their employer’s unlawful activity or public policy violations (§ 285.575).