“Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging. He now claims this pay was inadequate. He argues the work he performed did not qualify as sheepherding and the monthly wage for sheepherders did not apply. Instead, he argues, he was entitled to the hourly wage for H-2A ranch hands, which he now seeks to recover in contract and quantum meruit. Additionally, he argues the work he performed did not qualify for the “range production of livestock” exemption to the Fair Labor Standards Act minimum wage, 29 U.S.C. § 213(a)(6)(E), and he therefore asserts a minimum wage claim against the Allreds under the FLSA. The district court rejected these claims, denied Mr. Saenz’s summary judgment motion, and granted summary judgment to the Allreds. Its decision rested on two independent grounds. First, it ruled that Mr. Saenz’s claims were estopped because he did not object to his non-sheepherding work while the Allreds could have done something about it. Second, it ruled that more than half of Mr. Saenz’s work qualified as “range production of livestock,” and Mr. Saenz was accordingly exempt from the FLSA minimum wage and the H-2A wage for ranch hands. Mr. Saenz now appeals. We review the summary judgment rulings de novo, see Day v. Bond, 500 F.3d 1127, 1131 (10th Cir. 2007), and we reverse.”
More and more employers are calling their employees “independent contractors” to avoid paying overtime and taxes. Just because an employer calls you a “subcontractor” doesn’t make it legal. Every case is different, but one factor courts look at is how much control your boss has over your work. If your only job is working for a single boss, and he or she directs your job (hours, schedule, pay, etc.), you may be improperly classified. Many employers misclassify their employees as independent contractors to cheat on their taxes or to avoid paying overtime wages for hours worked over forty in a workweek. If you have concerns about how your boss has classified you, please call us at for a free consultation about your unique situation.
You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential form below which will arrive at our law offices instantly. You may email us too: rose (at) roserobbins.com If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.