Washington Independent Contractor or Covered Worker? - Your rights to workers' compensation, minimum wage and overtime

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WA-SKU-3657
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Independent Contractor or Covered Worker? - Your rights to workers' compensation, minimum wage and overtime

Washington Independent Contractor or Covered Worker is a classification of employees who are not eligible for the same rights and protections as regular employees. Independent contractors are not protected by the state's workers' compensation laws, minimum wage laws, or overtime laws. They cannot collect unemployment benefits or be covered by employer-provided health insurance. However, they may be eligible to receive unemployment benefits if their wages are reduced due to the COVID-19 pandemic. Types of Washington Independent Contractor or Covered Worker include freelance workers, independent contractors, subcontractors, and gig workers. These workers are typically hired to complete a specific task or job and are not considered regular employees. They are not eligible for the same benefits that regular employees are, such as health insurance, paid time off, or workers' compensation. However, they may be able to receive unemployment benefits if their wages are reduced due to the COVID-19 pandemic.

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FAQ

Only salaried employees who meet the executive, administrative, and professional definitions ? often called ?white-collar? jobs ? are exempt from overtime.

Unlike an employee, an independent contractor cannot apply for unemployment benefits or workers' compensation benefits and is not entitled to federal and state protections regarding minimum wage, family leave, and overtime.

Employees and contractors further differ in that the employee is subject to oversight and control of how he/she does the job, whereas the contractor typically has the freedom to determine how the task is completed.

Independent Contractors. All workers in Washington are entitled to workers' compensation unless they fit strict exemption definitions. Make sure you understand your business' requirements for covering workers, including independent contractors.

While state workers' compensation insurance is recommended for all businesses, there are a few exceptions to the state law: Independent contractors, sole proprietors or limited liability company (LLCs) One domestic worker in a private home with less than 40 hours per week of labor.

1099 Independent Contractor Since they are self-employed, they pay their own employee and self-employment taxes, so you don't have to. Independent contractors aren't eligible for benefits such as insurance, paid time off, and overtime.

The Fair Labor Standards Act (FLSA) treats contractors as self-employed people. Since the FLSA minimum wage and overtime requirements apply only to employees, it means 1099 workers are exempted from getting compensated for the over 40 hours in a workweek.

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Washington Independent Contractor or Covered Worker? - Your rights to workers' compensation, minimum wage and overtime